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DAVIS FROZEN FOODS v. NORFOLK SOUTHERN RY. CO.

No. 6555.

204 F.2d 839 (1953)

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

United States Court of Appeals Fourth Circuit.

Decided May 28, 1953.

Attorney(s) appearing for the Case

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

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

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

PARKER, Chief Judge.

This is the second appeal in the action brought by the Norfolk Southern Railway Company to recover damages sustained as the 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 and thereby causing the wreck of one of its freight trains. On the former appeal we held that there was error in not directing a verdict for plaintiff on the issue as...

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