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ILLINOIS CENT. R. CO. v. LEICHNER

No. 4843.

19 F.2d 118 (1927)

ILLINOIS CENT. R. CO. v. LEICHNER.

Circuit Court of Appeals, Fifth Circuit.

May 10, 1927.

Attorney(s) appearing for the Case

Arthur A. Moreno, of New Orleans, La. (Lemle, Moreno & Lemle, of New Orleans, La., W. S. Horton and R. V. Fletcher, both of Chicago, Ill., and H. C. Leake, of New Orleans, La., on the brief), for plaintiff in error.

Nicholas G. Carbajal, F. W. Gaudin, Nat W. Bond, Luther E. Hall, Jr., and Henry B. Curtis, all of New Orleans, La. (Carbajal & Gaudin and Bond, Curtis & Hall, all of New Orleans, La., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This was an action to recover damages for the death of Joseph Leichner, which resulted from a Ford car which he was driving on a public dirt road being struck by the engine of the Panama Limited, a through passenger train of the Illinois Central Railroad Company, where that road crosses the railroad track about one mile south of Independence, La. The parties are herein referred to as plaintiff and defendant.

The petition averred that...

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