SEABOARD AIR LINE R. CO. v. DEESE

No. 13180.

185 F.2d 290 (1950)

SEABOARD AIR LINE R. CO. v. DEESE.

United States Court of Appeals Fifth Circuit.

November 14, 1950.


Attorney(s) appearing for the Case

S. H. Dykes, Wingate Dykes, Americus, Ga., for appellant.

Hollis Fort, Sr., Americus, Ga., John S. Averill, Jr., Montezuma, Ga., Hollis Fort, Jr., Americus, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.


HOLMES, Circuit Judge.

This is an action for damages against appellant. It was brought by appellee for the alleged wrongful death of her husband, who was struck by a locomotive operated by appellant over a crossing of its tracks and a public highway in Georgia. The decedent walked or ran directly in front of the train, and was killed instantly. The time was between twelve and one o'clock P.M.; the weather clear; the date June 6, 1949.

The complaint alleged...

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