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HICKEY v. MISSOURI PACIFIC RAILROAD CORPORATION

No. 6940.

8 F.2d 128 (1925)

HICKEY v. MISSOURI PACIFIC RAILROAD CORPORATION IN NEBRASKA.

Circuit Court of Appeals, Eighth Circuit.

September 22, 1925.

Attorney(s) appearing for the Case

Francis S. Howell, of Omaha, Neb. (William R. Patrick, Edward P. Smith, William A. Schall, and Frank E. Sheehan, all of Omaha, Neb., on the brief), for plaintiff in error.

Yale C. Holland, of Omaha, Neb. (E. J. White, of St. Louis, Mo., and J. A. C. Kennedy, of Omaha, Neb., on the brief), for defendant in error.

Before LEWIS and BOOTH, Circuit Judges, and PHILLIPS, District Judge.

BOOTH, Circuit Judge.

This is an action to recover damages for the death of Edward Hickey, claimed to have been caused by negligence of the defendant in error, hereafter called defendant. The specific negligence relied upon was the running of one of defendant's passenger trains over a public highway crossing without giving signals of warning. The trial court directed a verdict for the defendant. Writ of error has brought the case here.

Plaintiff in error,...

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