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SOUTHERN RY. CO. v. HARRIS

No. 9891.

123 F.2d 7 (1941)

SOUTHERN RY. CO. v. HARRIS.

Circuit Court of Appeals, Fifth Circuit.

October 30, 1941.

Attorney(s) appearing for the Case

A. C. Wheeler, Chas. J. Thurmond, and Emory F. Robinson, all of Gainesville, Ga., for appellant.

William L. Erwin, of Athens, Ga., Hamilton Kimzey and Herbert B. Kimzey, both of Cornelia, Ga., and Reuben R. Arnold and B. P. Gambrell, both of Atlanta, Ga., for appellee.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

Hugh T. Harris was struck by a passenger train and instantly killed while attempting to drive his automobile across the tracks of the Southern Railway Company in Cornelia, Georgia. His widow, Mrs. Rozelle J. Harris, filed suit in the Superior Court of Habersham County, Georgia, to recover damages for his alleged wrongful death. On motion the suit was removed to the District Court and was there tried to...

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