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SMITH v. ILLINOIS CENTRAL RAILROAD COMPANY

No. 18021.

394 F.2d 254 (1968)

Mildred P. SMITH, as surviving widow of Wayne E. Smith, Deceased, Plaintiff-Appellee, v. ILLINOIS CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

May 21, 1968.

Attorney(s) appearing for the Case

W. Neil Thomas, Jr., Chattanooga, Tenn. (Bishop, Thomas, Leitner, Mann & Milburn, Chattanooga, Tenn., on the brief), for appellant.

Samuel D. Hewlett, Jr., Atlanta, Ga. (Daniel C. B. Levy, Atlanta, Ga., Harber & Bryan, Chattanooga, Tenn., on the brief), for appellee.

Before EDWARDS and PECK, Circuit Judges, and CECIL, Senior Circuit Judge.

CECIL, Senior Circuit Judge.

This appeal involves an accident in which plaintiff-appellee's husband, Wayne E. Smith, was killed when a boxcar door fell on him as he and a fellow employee of Central Soya Company were attempting to open the door to unload the car. This boxcar was loaded with soybeans by Phoenix Oil Mill Company, at Ridgely, in west Tennessee, the doors were sealed and it was delivered to Illinois Central Railroad Company, defendant-appellant for transportation...

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