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ATLANTIC COAST LINE R. CO. v. MITCHELL

No. 11743.

157 F.2d 880 (1946)

ATLANTIC COAST LINE R. CO. v. MITCHELL.

Circuit Court of Appeals, Fifth Circuit.

November 8, 1946.

Attorney(s) appearing for the Case

M. B. Peacock and H. H. Perry, Jr., both of Albany, Ga., and G. L. Reeves, of Tampa, Fla., for appellant.

S. B. Lippitt, of Albany, Ga., for appellee.

Before HOLMES, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

Mrs. Henry Mitchell originally brought this action against the Atlantic Coast Line Railroad Company in the City Court of Albany, Georgia, under the provisions of sections 105-1307 and 105-1308 of the Code of Georgia Annotated, to recover damages for the death of her daughter, Rhona Russell; the defendant removed the action to the court below. Rhona Russell's death occurred September 30, 1944, when she attempted to board a passenger train of the...

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