No. 14913.

315 F.2d 717 (1963)

Harrison BAIRD, Plaintiff-Appellee, v. CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY CO., Inc., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

April 4, 1963.

Attorney(s) appearing for the Case

James F. Clay, Danville, Ky. (Bradley & Bradley, Georgetown, Ky., on the brief), for appellant.

Pierce Lively, Danville, Ky., for appellee.

Before CECIL, Chief Judge, and MILLER and O'SULLIVAN, Circuit Judges.

O'SULLIVAN, Circuit Judge.

Plaintiff-appellee, Harrison Baird, while driving an automobile, was struck by the engine of defendant-appellant's freight train at a crossing in Lincoln County, Kentucky. For his personal injuries and damage to his automobile, he recovered a judgment of $11,297.20, entered upon a jury verdict. On this appeal, the appellant railroad asks reversal upon the single ground that plaintiff was guilty of contributory negligence as a matter of law...

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