ATLANTIC COASTLINE RAILROAD COMPANY v. SMITH

No. 13529.

264 F.2d 428 (1959)

ATLANTIC COASTLINE RAILROAD COMPANY and Louisville and Nashville Railroad Company, a union of interests or partnership d/b/a Clinchfield Railroad Company, Appellants, v. Marie SMITH et al., Appellees.

United States Court of Appeals Sixth Circuit.

February 27, 1959.


Attorney(s) appearing for the Case

Howard E. Wilson and Joe W. Worley, Kingsport, Tenn., Wilson, Worley & Gamble, Kingsport, Tenn., A. K. McIntyre and Harry N. Fortune, Erwin, Tenn., on brief, for appellants.

Herbert R. Silvers, Greeneville, Tenn., Mayne W. Miller, Johnson City, Tenn., Fraker, Silvers & Coleman, Greeneville, Tenn., on brief, for appellees.

Before ALLEN, Chief Judge, and SIMONS and MILLER, Circuit Judges.


ALLEN, Chief Judge.

This appeal arises out of an action brought by plaintiffs1 against defendants Atlantic Coastline Railroad Company and Louisville and Nashville Railroad Company which jointly manage the Clinchfield Railroad Company, an interstate carrier operating in Tennessee. On July 6, 1957, in Sullivan County, Tennessee, plaintiffs sustained an automobile accident at the approach to an overhead railroad bridge constructed and maintained...

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