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FLINCHUM v. CLINCHFIELD RAILROAD COMPANY

No. 71-1821.

460 F.2d 252 (1972)

Dana FLINCHUM, Plaintiff-Appellee, v. CLINCHFIELD RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

May 26, 1972.

Attorney(s) appearing for the Case

Harry W. Lawrence, Gen. Counsel, Erwin, Tenn. (Ferdinand Powell, Jr., Johnson City, Tenn., on the brief), for Clinchfield R. Co.

E. Eugene Christian, Johnson City, Tenn., for plaintiff-appellee.

Before CELEBREZZE and PECK, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

PER CURIAM.

This is an appeal from a personal injury action arising out of a railroad train-pedestrian accident. The jury in the trial court found for plaintiff, Dana Flinchum, and granted recovery in the amount of $50,000.00. The principal issue on appeal is whether the District Court erred in refusing to direct a verdict for the defendant Clinchfield Railroad Company, on the ground that plaintiff was guilty of contributory...

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