SOUTHERN RAILWAY COMPANY v. MADDEN

No. 7196.

235 F.2d 198 (1956)

SOUTHERN RAILWAY COMPANY, a corporation, Appellant, v. Frank J. MADDEN, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 4, 1956.


Attorney(s) appearing for the Case

George H. Ward, Asheville, N. C. (John Gregg McMaster, Columbia, S. C., and Harold K. Bennett, Asheville, N. C., on the brief), for appellant.

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

Before PARKER, Chief Judge, SOPER, Circuit Judge, and BARKSDALE, District Judge.


PARKER, Chief Judge.

This is an appeal by a railroad company from a judgment for damages in a personal injury action instituted by a plaintiff who claims to have been injured at the 16th Street crossing of defendant's railroad yard in the City of Charlotte, North Carolina, by cars which he claims were negligently backed without signal or warning. The railroad denies the negligence alleged and contends that plaintiff's injuries resulted from his having crawled, while...

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