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Stringfellow v. Atlantic Coast Line R. Co., 290 U.S. 322 (1933)

Stringfellow v. Atlantic Coast Line R. Co.

No. 71

Argued November 14, 1933

Decided December 4, 1333*

290 U.S. 322


In actions (consolidated for trial) against a railroad for deaths of the driver of an automobile and person riding with him, in a

Page 290 U. S. 323

grade crossing accident, there is fatal inconsistency in sustaining a directed verdict for defendant a respect the driver, upon the ground that his negligence alone caused the accident, and in deciding, upon the very same evidence, that, as respects those riding with him, the jury might properly attribute the accident to concurrent negligence of the driver and the railway employee. P. 290 U. S. 325.

64 F.2d 173 reversed.

Certiorari to review judgments of the Circuit Court of Appeals on appeal from judgments of the District Court in favor of the railroad company. The Circuit Court of Appeals, in No. 71, affirmed the judgment of the District Court; in No. 95, it reversed.

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