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CINCINNATI, N. O. & T. P. RY. CO. v. ELLER

No. 11455.

197 F.2d 652 (1952)

CINCINNATI, N. O. & T. P. RY. CO. et al. v. ELLER.

United States Court of Appeals Sixth Circuit.

June 10, 1952.

Attorney(s) appearing for the Case

Ben D. Smith, Somerset, Ky. (Carl M. Jacobs, Cincinnati, Ohio, Bradley & Bradley, Georgetown, Ky., Ben D. Smith, Somerset, Ky., on the brief), for appellant.

J. Milton Luker, London, Ky. (Luker & Tooms, and J. Milton Luker, London, Ky., J. S. Sandusky, Somerset, Ky., on the brief), for appellee.

Before SIMONS, Chief Judge, and ALLEN and MARTIN, Circuit Judges.

SIMONS, Chief Judge.

The appellant assails a judgment for damages resulting from the death of the appellee's decedent who was killed by the appellant's railroad train at a grade crossing, in Kentucky, on the night of March 31, 1950. Issues perceived are whether there was substantial evidence to support the charge of negligence by the operators of the train, contributory negligence on the part of the decedent, and a causal relation between the alleged negligence and...

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