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HOPKINS v. C. E. WHALEN COMPANY

No. 71-1766.

456 F.2d 205 (1972)

W. J. HOPKINS, Appellee, v. C. E. WHALEN COMPANY, INC., a corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1972.

Attorney(s) appearing for the Case

W. H. File, Jr., Beckley, W. Va. (Bowers, File, Hodson & Payne, Beckley, W. Va., on brief), for appellant.

Robert B. Sayre, Beckley, W. Va. (Sayre & Sayre, Beckley, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

The C. E. Whalen Company appeals from the entry of judgment in favor of W. H. Hopkins for personal injuries. Whalen's principal assignment of error is the trial judge's ruling that Hopkins was not contributorily negligent as a matter of law. We reverse because we believe this issue should have been submitted to the jury.

In the course of constructing a railroad, Whalen blasted rock into a creek...

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