SOUTHERN RAILWAY COMPANY v. MADDEN

No. 7034.

224 F.2d 320 (1955)

SOUTHERN RAILWAY COMPANY, Petitioner, v. Frank J. MADDEN, Respondent.

United States Court of Appeals Fourth Circuit.

Decided July 14, 1955.


Attorney(s) appearing for the Case

George H. Ward, Asheville, N. C. (John G. McMaster, Columbia, S. C., on brief), for petitioner.

John L. Nettles, Darlington, S. C. (James P. Mozingo, III, Darlington, S. C., on brief), for respondent.

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


PER CURIAM.

This is a petition for a writ of certiorari to review an order of the District Court granting a new trial as to damages while permitting the remainder of a verdict establishing liability to stand. Plaintiff contends that he was knocked down at a street crossing by cars of the railway company which started suddenly as the result of being bumped by a switch engine. Defendant contends that plaintiff, while drunk, had crawled under the cars to get out of the...

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