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DEVINE v. POLLARD

No. 9917.

123 F.2d 962 (1941)

DEVINE v. POLLARD.

Circuit Court of Appeals, Fifth Circuit.

December 5, 1941.

Attorney(s) appearing for the Case

S. P. Smith and D. H. Markstein, Jr., both of Birmingham, for appellant.

W. H. Sadler, of Birmingham, Ala., for appellee.

Before HUTCHESON and McCORD, Circuit Judges, and MIZE, District Judge.

MIZE, District Judge.

The appellant was plaintiff in the court below and filed his suit in the state court of Alabama against appellee, claiming damages because of the alleged negligent killing of his minor son. The accident occurred in the day time, out in the country at a point in the neighborhood of a public road crossing in Jefferson County. The train which killed the child was a freight train moving in an easterly direction. It was composed of forty-five cars...

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