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CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. v. KINARD

Nos. 16841 and 16842.

299 F.2d 829 (1962)

CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, Appellant, v. Carlton KINARD, Appellee. Carlton KINARD, Appellant, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

March 5, 1962.

Attorney(s) appearing for the Case

Alston Jennings, Little Rock, Ark., made argument for Chicago, Rock Island & Pacific Railroad Company and was on the brief.

Melvin E. Mayfield, El Dorado, Ark., made argument for Carlton Kinard and William I. Prewett, and Bill J. Davis, El Dorado, Ark., were with him on the brief.

Before VOGEL and RIDGE, Circuit Judges, and GRAVEN, Senior District Judge.

VOGEL, Circuit Judge.

Carlton Kinard, plaintiff-appellee in No. 16,841, brought action against the Chicago, Rock Island and Pacific Railroad Company, defendant-appellant, to recover damages by reason of injuries received by him as a result of an accident occurring on February 18, 1960, at approximately 3:40 a. m. when he drove his automobile into the side of a moving freight train on South Washington Street in the City of El Dorado, Arkansas. In addition to compensatory...

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