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CHESAPEAKE & O. RY. CO. v. JETER

No. 6392.

196 F.2d 175 (1952)

CHESAPEAKE & O. RY. CO. v. JETER.

United States Court of Appeals Fourth Circuit.

Decided May 3, 1952.

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 brief), for appellant.

J. Howard Hundley, Charleston, W. Va., for appellee.

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

DOBIE, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Southern District of West Virginia, sitting without a jury, awarding $2,500.00 to the plaintiff for damages incurred as a passenger on the defendant's train when it collided with a bulldozer on the tracks near Lowmoor, Virginia.

The judgment of the District Court was based upon the negligence of the defendant's acting...

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