POWELL v. WESTERMANN

No. 8463.

94 F.2d 203 (1938)

POWELL et al. v. WESTERMANN.

Circuit Court of Appeals, Fifth Circuit.

January 25, 1938.


Attorney(s) appearing for the Case

Joseph F. McPherson, of Miami, Fla., for appellants.

John W. Prunty and Glenn C. Mincer, both of Miami, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

By the verdict of a jury, in an action at law, appellee was awarded damages for the wrongful death of her husband, who was killed in a collision at a railroad crossing. This appeal comes from a judgment upon that verdict, and error is assigned principally to the action of the court in refusing to instruct the jury peremptorily to find for appellant.

The accident occurred about 10 o'clock in the morning on February 20, 1936, at the intersection...

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