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DUNLAP v. NORTHEASTERN RAILROAD CO.

No. 256.

130 U.S. 649 (1889)

9 S.Ct. 647

32 L.Ed. 1058

DUNLAP, v. NORTHEASTERN RAILROAD COMPANY.

Supreme Court of United States.

Decided May 13, 1889.

Attorney(s) appearing for the Case

Mr. Hoke Smith for plaintiff in error.

Mr. Pope Barrow for defendant in error.

MR. CHIEF JUSTICE FULLER, after stating the case as above reported, delivered the opinion of the court.

The Circuit Court erred in not submitting the question of contributory negligence to the jury, as the conclusion did not follow, as matter of law, that no recovery could be had upon any view which could be properly taken of the facts the evidence tended to establish. Kane v. Northern Central Railway,

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