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Opinion

c34:No. 6167

U.S. Court of Appeals for the Eighth Circuit · 1989-01-10

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KENYON, Circuit Judge
(dissenting). Under the facts of this case, I think the trial court was right in refusing to direct a verdict for the defendant, and submitting to the jury the question of contributory negligence. It would serve no useful purpose to discuss the evidence. It seems to me the facts are quite different from those in the case of Atchison, Topeka & Santa Fe Railway Co. v. McNulty, 285 Fed. 97, recently decided by this court.

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