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WHEAT v. BALTIMORE AND OHIO RAILROAD COMPANY

No. 12378.

262 F.2d 289 (1959)

Hilary L. WHEAT and Jessie C. Smith, Plaintiffs-Appellants, v. The BALTIMORE AND OHIO RAILROAD COMPANY, a Corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

January 12, 1959.

Attorney(s) appearing for the Case

Robert L. Lansden, Cairo, Ill., John B. Mack, Memphis, Tenn., Charles C. Montgomery, Paris, Tenn., for appellant.

Edward W. Stubbs, Jr., East St. Louis, Ill., John C. Roberts, East St. Louis, Ill., on the brief (E. H. Burgess, Kenneth H. Ekin, Baltimore, Md., Kramer, Campbell, Costello & Wiechert, East St. Louis, Ill., of counsel), for appellee.

Before SCHNACKENBERG, PARKINSON and KNOCH, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiffs, asserting their own freedom from contributory negligence, sued in tort to recover damages for personal injuries resulting from a railroad crossing accident in Geff, Illinois, on December 24, 1954, allegedly caused by the negligent operation of defendant's train.

The jury returned a verdict for plaintiffs.

Plaintiffs appealed the District Judge's grant of defendant's motion for judgment notwithstanding the verdict,...

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