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LOWRY v. SEABOARD AIRLINE R. CO.

No. 12361.

171 F.2d 625 (1948)

LOWRY v. SEABOARD AIRLINE R. CO.

United States Court of Appeals Fifth Circuit.

November 19, 1948.

Attorney(s) appearing for the Case

Chester Bedell, and Nathan Bedell, both of Jacksonville, Fla., for appellant.

Charles R. Scott and William L. Durden, both of Jacksonville, Fla., for appellee.

Before HUTCHESON, SIBLEY, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

Appellant sued appellee for the homicide of his eighteen year old daughter at a grade crossing on 63rd Street in the City of Jacksonville, suing under Florida Statutes of 1941, Sect. 768.03, F.S.A. touching "death by wrongful act, negligence, carelessness or default". The case was removed to the District Court because of diversity of citizenship. The declaration alleged that the crossing was in a thickly populated section and was much used and...

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