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JACKSON v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 8881.

317 F.2d 95 (1963)

D. C. JACKSON, Appellee, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 29, 1963.

Attorney(s) appearing for the Case

W. Laurier O'Farrell, Florence, S. C. (Willcox, Hardee, Houck, Palmer & O'Farrell, Florence, S. C., on the brief), for appellant.

John L. Nettles, Florence, S. C. (H. E. Yarborough, Jr., Florence, S. C., on the brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BRYAN, Circuit Judges.

PER CURIAM.

In this action the appellee, D. C. Jackson, procured a judgment in the District Court on a jury's verdict against the appellant, Atlantic Coast Line Railroad Company, for damages resulting from the settlement of waste oil escaping from the Railroad's yard at Florence, South Carolina, upon the land of Jackson. Punitive as well as compensatory damages were allowed. The Railroad appeals, contending that the evidence failed to show negligence on its part or...

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