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OWENS v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO.

No. 6685.

292 F.2d 696 (1961)

Martin OWENS, a minor by Laura H. Owens, next friend, Appellant, v. CHICAGO, ROCK ISLAND and PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 1, 1961.

Attorney(s) appearing for the Case

Albert Thomson, Kansas City, Mo. (George V. Allen, Lawrence, Kan., and Robert W. Cook, Kansas City, Mo., on the brief), for appellant.

Clayton M. Davis, Topeka, Kan. (Mark L. Bennett, Topeka, Kan., on the brief), for appellee.

Before MURRAH, Chief Judge, and BRATTON and BREITENSTEIN, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a judgment of the District Court on a directed verdict in a suit by the appellant for personal injuries, arising out of a railroad crossing accident in Lawrence, Kansas.

The salient facts are not in dispute. The only question is whether they warrant a permissible inference of negligence. If so, the case should have been submitted to the jury. See Lopez v. Denver & Rio Grande Western Railroad Company, 10 Cir....

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