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BAUGHN v. SEABOARD AIR LINE RAILROAD COMPANY

No. 13088.

408 F.2d 684 (1969)

Edith Portis BAUGHN, Administratrix of the Estate of William Edwin Baughn, Deceased, Appellant, v. SEABOARD AIR LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 18, 1969.

Attorney(s) appearing for the Case

Clyde C. Randolph, Jr., Winston-Salem, N. C., for appellant.

Fred Bynum, Jr., Rockingham, N. C. (James D. Blount, Jr., and Leath, Bynum, Blount & Hinson, Rockingham, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.

PER CURIAM:

To recover damages for the death of William Edwin Baughn when struck by a train of the Seaboard Air Line Railroad Company on June 1, 1966, while driving a truck over a highway crossing of the tracks a few miles east of Lilesville, North Carolina, his administratrix sued the railroad. The District Court directed a verdict for the defendant and dismissed the action, for the decedent's contributory negligence.

In his opinion, Baughn v. Seaboard Air...

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