McCRACKEN v. RICHMOND, FREDERICKSBURG & POTOMAC R. CO.

No. 7312.

240 F.2d 484 (1957)

John B. McCRACKEN, Appellant, v. RICHMOND, FREDERICKSBURG AND POTOMAC RAILROAD COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1957.


Attorney(s) appearing for the Case

Wesley E. McDonald, Washington, D. C. (B. Austin Newton, Jr., Washington, D. C., on the brief), for appellant.

Armistead L. Boothe, Alexandria, Va. (Wirt P. Marks, Jr., Richmond, Va., and Boothe, Dudley, Koontz & Boothe, Alexandria Va., on the brief), for appellee.

Before SOPER and SOBELOFF, Circuit Judges, and CHESNUT, District Judge.


SOBELOFF, Circuit Judge.

The sole question on this appeal concerns the propriety of the District Judge's granting, at the conclusion of the plaintiff's evidence, a directed verdict for the defendant railroad company and ordering a dismissal of the suit.

The appellant was employed as a car repairman helper at the Potomac Yards of the Richmond, Fredericksburg and Potomac Railroad Company, at Alexandria, Virginia. According to the plaintiff's evidence, while...

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