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HACKWORTH v. CHESAPEAKE & O. RY. CO.

No. 138.

73 F.Supp. 348 (1946)

HACKWORTH v. CHESAPEAKE & O. RY. CO.

District Court, E. D. Kentucky, at Catlettsburg.

July 23, 1946.

Attorney(s) appearing for the Case

Martin & Smith, of Catlettsburg, Ky., and F. C. Malin, of Ashland, Ky., for plaintiff.

LeWright Browning, of Ashland, Ky., for defendant.

SWINFORD, District Judge.

The motion for a new trial should be overruled. The plaintiff's brief cites the following cases on which he relies, but I do not believe, in the light of the Kentucky decisions, the Court erred in sustaining the defendant's motion for a directed verdict at the close of all evidence: Sims' Adm'r v. Chesapeake & O. Ry. Co., 140 Ky. 241, 130 S.W. 1081; Stuart's Adm'r v. Nashville, C. & St. L. Ry. Co., 146 Ky. 127, 142 S.W. 232; Louisville...

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