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GARDNER'S MASON. CONTRS., INC. v. ST. LOUIS-SAN F. RY. CO.

470 S.W.2d 945 (1971)

GARDNER'S MASONRY CONTRACTORS, INC., Appellant-Appellee, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY and J.W. Hart, Appellant-Appellee.

Court of Appeals of Tennessee, Western Section.

Certiorari Denied September 20, 1971.

Attorney(s) appearing for the Case

William C. Bateman, Jr., and Max Shelton, Memphis, for plaintiff; Chandler, Manire, Johnson & Harris, Memphis, of counsel.

G. Wynn Smith, Jr., Memphis, for defendants; Canada, Russell & Turner, Memphis, of counsel.

Certiorari Denied by Supreme Court September 20, 1971.

MATHERNE, Judge.

The plaintiff Gardner's Masonry Contractors, Inc. sued St. Louis-San Francisco Railway Co. and its employee, J.W. Hart, for property damages to a material hoisting vehicle (hereinafter called a "Skytrak"), which was struck by the defendant company's switch engine during a switching operation on a spur track on January 12, 1966.

The lawsuit was first tried on February 19, 1968 when...

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