NORFOLK & W. RY. CO. v. WHITE

No. 6124.

184 F.2d 937 (1950)

NORFOLK & W. RY. CO. v. WHITE.

United States Court of Appeals Fourth Circuit.

Decided October 18, 1950.


Attorney(s) appearing for the Case

Joseph M. Sanders, Bluefield, W. Va., (W. W. Coxe, Roanoke, Va., on brief), for appellant.

Arthur Ritz Kingdon, Mullens, W. Va. (Kingdon & Kingdon, Mullens, W. Va., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


PER CURIAM.

This is an appeal from a judgment against a railroad for the killing of an infant by one of its trains at or near a crossing. It is strenuously contended that there was not sufficient evidence to take the case to the jury; but we think that it is sufficient under the rule that, for this purpose, it must be considered in the light most favorable to the plaintiff. As the case is to be tried again, it is not desirable to discuss the evidence in detail.

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