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BALTIMORE & O. R. CO. v. POSTOM

No. 9826.

177 F.2d 53 (1949)

BALTIMORE & O. R. CO. v. POSTOM.

United States Court of Appeals District of Columbia Circuit.

Decided July 11, 1949.

Attorney(s) appearing for the Case

Mr. Stephen Ailes, Washington, D. C., with whom Mr. Paul F. Mickey, Washington D. C., was on the brief, for appellant.

Mr. Joseph Luria, Washington, D. C., for appellee. Messrs. William R. Lichtenberg and Samuel Barker, Washington D. C., also entered appearances for appellee.

Before EDGERTON and WILBUR K. MILLER, JJ., and ALEXANDER HOLTZOFF, District Judge, sitting by designation.

HOLTZOFF, District Judge.

This is an appeal by the defendant from a judgment for the plaintiff in an action to recover damages for wrongful death, which resulted from a grade crossing collision between a railroad train and an automobile. The question presented is whether the defendant's motion for a directed verdict was properly denied. This problem, in turn, may be divided into two parts: first, whether there was substantial...

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