SMITH v. ATLANTIC COAST LINE R. CO.

No. 10179.

127 F.2d 798 (1942)

SMITH et al. v. ATLANTIC COAST LINE R. CO.

Circuit Court of Appeals, Fifth Circuit.

May 8, 1942.


Attorney(s) appearing for the Case

George Palmer Garrett and George B. Carter, both of Orlando, Fla., for appellants.

W. B. Parks and LeRoy B. Giles, both of Orlando, Fla., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

C. V. Smith was injured and Curtis Raymond was killed when the truck in which they were riding was struck by a passenger train at a grade crossing on Vine Street within the city limits of Kissimmee, Florida. Smith and the widow of Raymond filed suits for damages against the railroad company. The cases were consolidated and tried to a jury. At the close of all the evidence, the court, on motion, directed a verdict for the defendant, Atlantic...

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