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SOUTHERN RAILWAY COMPANY v. EARNHARDT

No. 12436.

405 F.2d 877 (1969)

SOUTHERN RAILWAY COMPANY, Defendant-Appellant, v. I. C. EARNHARDT, Administrator of the Estate of Herbert Hoover Earnhardt, Deceased, Plaintiff-Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 6, 1969.

Attorney(s) appearing for the Case

L. P. McLendon, Jr., and James T. Williams, Jr., Greensboro, N. C. (McLendon, Brim, Brooks, Pierce & Daniels, Greensboro, N. C., on brief), for defendant-appellant.

Arch K. Schoch, Jr., High Point, N. C. (Schoch, Schoch & Schoch, John Haworth, and Haworth, Riggs, Kuhn & Haworth, High Point, N. C., on brief), for plaintiff-appellee.

Before HAYNSWORTH and CRAVEN, Circuit Judges, and HUTCHESON, District Judge.

PER CURIAM:

This is an action for the recovery of damages for the death of Plaintiff's decedent resulting from a collision between a truck operated by the decedent and a southbound freight train of the Defendant at a grade crossing near Jamestown, North Carolina. The truck was approaching the crossing from an easterly direction. Plaintiff alleges that the collision was due to negligence in the operation of the train. Defendant denies negligence and alleges the affirmative...

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