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PHILLIPS v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 72-1660.

475 F.2d 22 (1973)

Carl Eugene PHILLIPS, Appellant, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 14, 1973.

Attorney(s) appearing for the Case

Willard J. Moody, Portsmouth, Va. (Raymond H. Strople, Moody, McMurran & Miller, Portsmouth, Va., on brief), for appellant.

Aubrey R. Bowles, Jr., Richmond, Va. (Aubrey R. Bowles, III, Richmond, Va., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and CRAVEN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

Carl Eugene Phillips appeals from a judgment entered upon a jury verdict in favor of the Chesapeake and Ohio Railway Company denying him recovery for injuries he suffered in two unrelated accidents. He principally complains about the district court's refusal to submit to the jury the issue of negligence with respect to the first accident and the issue of compliance with the Safety Appliance Act with respect to the second. He also assigns error...

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