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RUTHERFORD v. ILLINOIS CENTRAL RAILROAD COMPANY

No. 17865.

278 F.2d 310 (1960)

Raymond L. RUTHERFORD, Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

May 13, 1960.

Attorney(s) appearing for the Case

C. Paul Barker, New Orleans, La., S. E. Morse, Gulfport, Miss., George M. Leppert, New Orleans, La., for appellant.

James L. Byrd, Jackson, Miss., for appellee.

Before JONES, BROWN and WISDOM, Circuit Judges.

PER CURIAM.

In this case the district judge, able and experienced and trained in the common law, directed a verdict for the defendant railroad, holding that: (1) the plaintiff "failed to show where the railroad company was negligent at all"; (2) "as a matter of law [the plaintiff failed to show that the defendant] was guilty of contributory negligence"; (3) the doctrine of last clear chance was inapplicable. On appeal this Court affirmed the judgment below. We agreed...

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