ATLANTIC COAST LINE RAILROAD COMPANY v. BYRD

No. 2389.

8 F.2d 1016 (1925)

ATLANTIC COAST LINE RAILROAD COMPANY, Plaintiff in Error, v. Alva H. BYRD, as Executor under the Last Will and Testament of Huger S. Byrd, Deceased, Defendant in Error.

Circuit Court of Appeals, Fourth Circuit.

November 25, 1925.


Attorney(s) appearing for the Case

F. L. Willcox, of Florence, S. C. (A. L. Hardee, of Florence, S. C., on the brief), for plaintiff in error.

James R. Coggeshall, of Darlington, S. C., and M. L. Smith, of Camden, S. C., for defendant in error.

Before WADDILL, ROSE, and PARKER, Circuit Judges.


ROSE, Circuit Judge.

A statement of the facts of this case and a discussion of the applicable law will be found in our former opinion, in which we reversed a judgment for the defendant below. Byrd v. Atlantic Coast Line, 2 F.2d 672. We then held that the learned judge below should not have instructed a verdict in favor of the defendant. We thought that whether the plaintiff's decedent was guilty of the gross or willful negligence...

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