ATLANTIC COAST LINE R. CO. v. KING

No. 13786.

196 F.2d 999 (1952)

ATLANTIC COAST LINE R. CO. v. KING.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 24, 1952.


Attorney(s) appearing for the Case

John S. Foster, Birmingham, Ala., for appellant.

John D. Higgins, Birmingham, Ala., for appellee.

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


HUTCHESON, Chief Judge.

The suit was for damages for injuries, resulting in death, sustained in a crossing collision between a train, belonging to and operated by defendant, and an automobile, owned and driven by plaintiff's intestate.

Defendant having made answer, a pretrial hearing was had, the claims and defenses were agreed1 upon, and the cause was set for trial and was tried to a jury.

At the conclusion of all the...

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