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NORFOLK SOUTHERN RY. CO. v. DAVIS FROZEN FOODS

No. 6376.

195 F.2d 662 (1952)

NORFOLK SOUTHERN RY. CO. v. DAVIS FROZEN FOODS, Inc.

United States Court of Appeals Fourth Circuit.

Decided April 1, 1952.

Attorney(s) appearing for the Case

John M. Simms and Robert N. Simms, Jr., Raleigh, N. C. (Robert N. Simms, Raleigh, N. C., on brief), for appellant.

Murray Allen and Franklin T. Dupree, Jr., Raleigh, N. C. (Archibald Craige, Winston-Salem, N. C., on brief), for appellee.

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

PARKER, Chief Judge.

This is an appeal from a verdict and judgment for defendant in an action by the Norfolk Southern Railway Company to recover damages alleged to have been sustained as a result of a truck's colliding with a trestle bridging the underpass of a state highway at Bailey, North Carolina and dislocating plaintiff's railroad track. The owner of the truck, Davis Frozen Foods, Incorporated, is the defendant in the action. Plaintiff contends that the collision...

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