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VIRGINIAN RAILWAY COMPANY v. ROSE

No. 7796.

267 F.2d 312 (1959)

VIRGINIAN RAILWAY COMPANY, a corporation, Appellant, v. James Ernest ROSE, an infant, by Ernest Rose, his next friend, and Ernest Rose and Janice Rose, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 16, 1959.

Attorney(s) appearing for the Case

Fletcher W. Mann, Beckley, W. Va., for appellant.

W. A. Thornhill, III, Beckley, W. Va. (W. A. Thornhill, Beckley, W. Va., on the brief), for appellees.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and BOREMAN, District Judge.

SOBELOFF, Chief Judge.

The defendant railroad company appeals from adverse judgments entered in the District Court in favor of James Ernest Rose, an infant, for personal injuries, and in favor of his parents for medical expenses and loss of their son's services.

The defendant operates a single track railway through Wyoming County, West Virginia, which crosses a bridge, or trestle, located on the perimeter of the Town of Pineville, having a population of about...

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