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ILLINOIS CENT. R. CO. v. GAINES

No. 14447.

211 F.2d 76 (1954)

ILLINOIS CENT. R. CO. v. GAINES.

United States Court of Appeals Fifth Circuit.

March 19, 1954.

Attorney(s) appearing for the Case

James L. Byrd, Jackson, Miss., J. H. Wright, John W. Freels, Chicago, Ill., Byrd, Wise & Smith, Jackson, Miss., of counsel, for appellant.

R. L. Smallwood, Jr., Chester L. Sumners, Will A. Hickman, Oxford, Miss., George Payne Cossar, Charleston, Miss., for appellee.

Before BORAH and RUSSELL, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

Appellant was the defendant in the damage suit brought to recover for injuries received in returning from extinguishing a fire on the railroad right-of-way. Its section foreman and crew had burned off the right-of-way in front of Gaines's house, which was some 30 or 40 feet from the line of the railroad property. They left the location about 11:00 A.M., after, as they thought, they had completely extinguished...

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