UNION CARBIDE CORPORATION v. FREDERICK

No. 7865.

268 F.2d 499 (1959)

UNION CARBIDE CORPORATION, a corporation, Appellant, v. Ernest FREDERICK and Catherine Ann Frederick, Appellees.

United States Court of Appeals Fourth Circuit.

Decided July 6, 1959.


Attorney(s) appearing for the Case

Kingsley R. Smith and James M. Guiher, Clarksburg, W. Va. (Steptoe & Johnson, Clarksburg, W. Va., on the brief), for appellant.

James Cann and Joseph T. Michael, Clarksburg, W. Va., for appellees.

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


THOMSEN, District Judge.

Defendant appeals from a judgment in favor of the plaintiffs for $4,433.78, entered after a trial before the court without a jury in an action for damages to plaintiffs' grocery store in Anmoore, West Virginia, arising out of a flood. Plaintiffs contend that defendant's alleged negligence in maintaining a floodgate and wire mesh fence over a stream near plaintiffs' store impeded the flow of debris-carrying flood water in that stream, causing...

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