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CLAUGHTON v. ATLANTIC COAST LINE R. CO.

No. 5844.

47 F.2d 679 (1931)

CLAUGHTON v. ATLANTIC COAST LINE R. CO.

Circuit Court of Appeals, Fifth Circuit.

March 11, 1931.

Attorney(s) appearing for the Case

D. C. McMullen, of Tampa, Fla., for appellant.

T. Paine Kelly, of Tampa, Fla. (T. Paine Kelly and J. W. B. Shaw, both of Tampa, Fla., on the brief), for appellee.

Before FOSTER, SIBLEY, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

This was an action by the appellant against the appellee for damages for the wrongful death of the former's husband caused by a train of the appellee colliding with an automobile which the deceased was driving over appellee's railroad track where it crossed Park boulevard, a public highway, in the town Pinellas Park, in the state of Florida. There was evidence tending to prove the following: While the deceased was driving west on the highway...

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