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NORFOLK AND WESTERN RY. CO. v. ANDERSON'S-BLACK ROCK, INC.

No. 9869.

350 F.2d 917 (1965)

NORFOLK AND WESTERN RAILWAY COMPANY, Appellant, v. ANDERSON'S-BLACK ROCK, INC., Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 17, 1965.

Attorney(s) appearing for the Case

Zane Grey Staker, Williamson, W. Va. (W. Graham Smith, Jr., and Slaven & Staker, Williamson, W. Va., on brief), for appellant.

Edwin W. Conley, Huntington, W. Va. (Huddleston & Bolen, Huntington, W. Va., on brief), for appellee.

Before BRYAN and BELL, Circuit Judges, and LEWIS, District Judge.

OREN R. LEWIS, District Judge:

The original plaintiff, Franklin D. R. Halstead, an employee of Anderson's-Black Rock, Inc., received $20,000.001 from the Norfolk and Western Railway Company after instituting a tort action in which he alleged that he lost an arm by reason of Norfolk and Western's simple negligence in that: one, Norfolk and Western altered a gondola by welding some braces or angle irons on the inside walls; two, Norfolk...

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