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YOUNG v. ILLINOIS CENT. GULF R. CO.

No. 78-1181.

618 F.2d 332 (1980)

Mrs. Jessie Mae YOUNG, Individually and as Mother, Natural Guardian and Next Friend of Dianne Young, Plaintiff-Appellant, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Defendant-Appellee, National Railroad Passenger Corp., Defendant.

United States Court of Appeals, Fifth Circuit.

June 4, 1980.

Attorney(s) appearing for the Case

Richard T. Phillips, D. Briggs Smith, Jr., Batesville, Miss., for plaintiff-appellant.

Roberson, Luckett & Robinson, Semmes Luckett, Clarksdale, Miss., for defendant-appellee.

Before BROWN, GEWIN and POLITZ, Circuit Judges.

GEWIN, Circuit Judge:

Appellant Jessie Mae Young brought a wrongful death action1 against the Illinois Central Gulf Railroad Company (ICG)2 following the death of her husband at one of the railroad's rural crossings. The suit was tried twice below. The first trial resulted in a verdict of $125,000 for the plaintiff but a new trial was granted due to juror misconduct. In the second trial a verdict for the railroad...

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