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SNEAD v. NEW YORK CENTRAL RAILROAD COMPANY

No. 6791.

216 F.2d 169 (1954)

John A. SNEAD, Administrator of The Estate of Kermit Norma Elswick, Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY, a Corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 13, 1954.

Attorney(s) appearing for the Case

Paul J. Kaufman, Charleston, W. Va. (Ivor F. Boiarsky and Benjamin A. Ritchie, Charleston, W. Va., on the brief), for appellant.

Robert H. C. Kay, Charleston, W. Va., for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal by plaintiff from a judgment for defendant non obstante veredicto in an action to recover damages on account of wrongful death. Decedent was killed when an automobile in which she was riding skidded from a mountain road in West Virginia and after falling down a steep hillside landed on the railroad track of defendant where it was struck by one of defendant's freight trains. Plaintiff contended that defendant was guilty of negligence...

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