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WESTLEY v. SOUTHERN RAILWAY CO.

No. 7505.

250 F.2d 188 (1957)

Clarence S. WESTLEY, Appellant, v. SOUTHERN RAILWAY CO., Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 26, 1957.

Attorney(s) appearing for the Case

J. D. Todd, Jr., Greenville, S. C. (Wesley M. Walker, Fletcher C. Mann and Leatherwood, Walker, Todd & Mann, Greenville, S. C., on brief), for appellant.

F. D. Rainey, Greenville, S. C. (Frank G. Tompkins, Jr., Columbia, S. C., J. Wright Horton, and Rainey, Fant, Brawley & Horton, Greenville, S. C., on brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.

SOBELOFF, Circuit Judge.

Clarence S. Westley brought suit in the District Court for the Western District of South Carolina against the Southern Railway Company for injuries sustained when the automobile he was driving struck the side of the locomotive of the defendant's train. The case was tried before the District Judge sitting without a jury, who, at the conclusion of all the evidence, and after having viewed the scene of the accident, made the following finding...

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