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FLIPPIN v. NORFOLK & WESTERN RY. CO.

No. 6047.

181 F.2d 744 (1950)

FLIPPIN v. NORFOLK & WESTERN RY. CO.

United States Court of Appeals Fourth Circuit.

Decided May 3, 1950.

Attorney(s) appearing for the Case

Wilson Barber, Mount Airy, N. C., for appellant.

Kerr Craige Ramsay and Robert V. Brawley, Winston-Salem, N. C. (W. W. Coxe, Roanoke, Va., on brief), for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.

PER CURIAM.

This is an appeal by the plaintiff from an adverse judgment in a railroad crossing accident case heard by the trial judge without a jury. Plaintiff is the administratrix of Homer Flippin who was killed in the accident and who was riding at the time with his brother Coy Flippin in the front seat of the latter's automobile. The evidence is that Coy Flippin drove upon the track in front of the oncoming train which was traveling at a speed of forty-five miles...

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