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ATLANTIC COAST LINE R. CO. v. McKINLEY

No. 8061.

84 F.2d 33 (1936)

ATLANTIC COAST LINE R. CO. v. McKINLEY.

Circuit Court of Appeals, Fifth Circuit.

June 11, 1936.

Attorney(s) appearing for the Case

J. A. Franklin and R. A. Henderson, Jr., both of Fort Myers, Fla., for appellant.

Wm. H. Burwell and Marion E. Sibley, both of Miami, Fla., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was for damages for the negligent killing of appellee's husband in a grade crossing collision between an automobile and a fast passenger train. The collision occurred about 15 miles north of Jacksonville, Fla., on United States Highway No. 1, the Dixie Highway, the main traffic thoroughfare leading north. The defense was that not any negligence of the defendant, but the careless and reckless conduct of the driver of the automobile...

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