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CHESAPEAKE & O. RY. CO. v. CHAFFIN

No. 6142.

184 F.2d 948 (1950)

CHESAPEAKE & O. RY. CO. v. CHAFFIN.

United States Court of Appeals. Fourth Circuit.

Decided November 8, 1950.

Attorney(s) appearing for the Case

Amos A. Bolen, Huntington, W. Va. (C. W. Strickling and Fitzpatrick, Strickling, Marshall & Huddleston, all of Huntington, W. Va., on brief), for appellant.

Horace S. Meldahl, Charleston, W. Va., for appellee.

Before SOPER and DOBIE, Circuit Judges, and TIMMERMAN, District Judge.

SOPER, Circuit Judge.

Fred Chaffin, a citizen of New York, sued the Chesapeake and Ohio Railway Company, a Virginia corporation, in the District Court for damages for the loss of a leg six inches below the knee which he suffered on November 12, 1947 when he was run over by a work-train in Boone County, West Virginia. The Railway Company defended on the ground (1) that the accident was caused solely by the neglect of Chaffin in walking between the rails of the railroad...

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