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CHESAPEAKE & OHIO RY. CO. v. ELK REFINING CO.

No. 6158.

186 F.2d 30 (1950)

CHESAPEAKE & OHIO RY. CO. v. ELK REFINING CO. et al.

United States Court of Appeals Fourth Circuit.

Decided December 13, 1950.

Attorney(s) appearing for the Case

Bert H. Early, Huntington, W.Va. (C. W. Strickling and Fitzpatrick, Strickling, Marshall & Huddleston, all of Huntington, W.Va., on the brief), for appellant.

J. Campbell Palmer, III, Charleston, W. Va., for appellees.

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

PARKER, Chief Judge.

These are cross appeals in a railway crossing accident case. Plaintiffs in the court below were the Elk Refining Company, one of whose gasoline tractor-trailer units was struck and damaged at a railroad crossing, and the Fidelity-Phenix Fire Insurance Company, the insurance carrier on the damaged vehicle. The defendant was the Chesapeake & Ohio Railway Company, one of whose locomotives caused the damage in backing across the crossing. The...

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