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HUDSON v. LOUISVILLE & N. R. CO.

No. 5382.

30 F.2d 391 (1929)

HUDSON et al. v. LOUISVILLE & N. R. CO.

Circuit Court of Appeals, Fifth Circuit.

February 4, 1929.

Attorney(s) appearing for the Case

E. J. Ford, of Pascagoula, Miss. (Ford, White, Graham & Gautier, of Pascagoula, Miss., on the brief), for appellants.

Harry H. Smith, of Mobile, Ala. (Gregory L. Smith, Wm. J. Young, and S. M. Johnston, all of Mobile, Ala., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an action to recover damages for the death of Mrs. K. M. Henriksen, who was fatally injured by a railroad train at a public street crossing in Pascagoula, Miss. The declaration contained a count for punitive damages on the ground that the train was being run in a grossly negligent and reckless manner, in that its speed exceeded that permitted by law. One of the grounds of defense was that the...

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