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KIRBY v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 10641.

371 F.2d 402 (1967)

Alice Keels KIRBY, Administratrix of the Estate of I. A. Keels, Jr., deceased, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 10, 1967.

Attorney(s) appearing for the Case

Peter D. Hyman and W. T. McGowan, Jr., Florence, S. C., for appellant.

Hugh L. Willcox, Florence, S. C. (Willcox, Hardee, Houck, Palmer & O'Farrell, Florence, S. C., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and J. SPENCER BELL, Circuit Judges.

HAYNSWORTH, Chief Judge:

The appeal in this Federal Employers' Liability Act case presents factual issues resolved by the District Court. We find no basis for disturbing its resolution of them.

The plaintiff's decedent, an engineer on a passenger train, was killed when the train derailed after entering a crossover at an excessive speed. The plaintiff's theory is that the experienced engineer did not bring his train to a stop, as his orders required, because...

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