ESTEPP v. NORFOLK & W. RY. CO.

No. 11302.

192 F.2d 889 (1951)

ESTEPP v. NORFOLK & W. RY. CO.

United States Court of Appeals Sixth Circuit.

November 30, 1951.


Attorney(s) appearing for the Case

W. A. Daugherty, Pikeville, Ky. (W. A. Daugherty and P. B. Stratton, Pikeville, Ky., on the brief), for appellant.

William Baird, Pikeville, Ky. (W. W. Coxe, Roanoke, Va., Baird & Hays, Pikeville, Ky., on the brief), for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.


ALLEN, Circuit Judge.

This is an appeal from a judgment entered on an order for summary judgment issued by the District Court in favor of the defendant railroad company.

The parties will be designated as in the court below.

Plaintiff filed an action for wrongful death, alleging in substance that his decedent, a young boy, on June 22, 1949 was a paid passenger on defendant's train No. 16 proceeding eastwardly...

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