WRIGHT v. B. F. HUNTLEY FURNITURE COMPANY

No. 8487.

299 F.2d 904 (1962)

Warren J. WRIGHT, Appellant, v. B. F. HUNTLEY FURNITURE COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 19, 1962.


Attorney(s) appearing for the Case

Robert M. Bryant, Winston-Salem, N. C., for appellant.

Ralph M. Stockton, Jr., and W. F. Maready, Winston-Salem, N. C. (Hudson, Ferrell, Petree, Stockton & Stockton, Winston-Salem, N. C., on brief), for appellee.

Before SOPER and BOREMAN, Circuit Judges, and PREYER, District Judge.


PREYER, District Judge.

The plaintiff was injured when he opened a boxcar and was struck on the head by a falling carton which was loaded on top of other furniture packed in the car. Plaintiff contends his injuries were caused by the negligence of the defendant in improperly loading the boxcar. The case was tried by the court below without a jury, the court ruling that there was no primary negligence on the part of the defendant, and that in any event plaintiff was...

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