EASTMAN, GARDINER & CO. v. WARREN

No. 9133.

109 F.2d 193 (1940)

EASTMAN, GARDINER & CO. v. WARREN.

Circuit Court of Appeals, Fifth Circuit.

January 19, 1940.


Attorney(s) appearing for the Case

T. J. Wills, of Hattiesburg, Miss., for appellant.

Fred J. Lotterhos, of Jackson, Miss., J. F. Barbour, of Yazoo City, Miss., and O. B. Triplett, Jr., of Forest, Miss., for appellee.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from a judgment for appellee, who received a broken back and other injuries at the intersection of a public highway and a logging railroad in Mississippi. The verdict of the jury, which is supported by substantial evidence, establishes the fact that the negligence of the appellant in failing to maintain the crossing in a safe condition was the proximate cause of the injury.

The principal point here, and the only one which...

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