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McKINNEY v. APPALACHIAN ELECTRIC POWER COMPANY

No. 7714.

261 F.2d 292 (1958)

C. C. McKINNEY, Appellant, v. APPALACHIAN ELECTRIC POWER COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 12, 1958.

Attorney(s) appearing for the Case

Arthur Ritz Kingdon and Ray Toler, Mullens, W. Va. (Frederick T. Kingdon, Mullens, W. Va., on brief), for appellant.

Frank L. Smoot, Bluefield, W. Va. (Sanders, Smoot & Sanders, Bluefield, W. Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and BRYAN, District Judge.

SOBELOFF, Chief Judge.

This is the plaintiff's appeal from an adverse judgment in a suit for damages for personal injuries. It was docketed in a state court of West Virginia, removed to the federal court and there tried by the District Judge, no jury trial having been prayed as provided in Rule 38 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

While carrying a television antenna mounted on a ten-foot pole across the defendant's non-exclusive right of...

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