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ATLANTIC COAST LINE R. CO. v. JOHNSON

No. 14036.

200 F.2d 619 (1952)

ATLANTIC COAST LINE R. CO. v. JOHNSON. JOHNSON v. ATLANTIC COAST LINE R. CO.

United States Court of Appeals Fifth Circuit.

December 29, 1952.

Attorney(s) appearing for the Case

Larry E. Pedrick and Wilson G. Pedrick, Waycross, Ga., Charles Cook Howell, Wilmington, N. C., for appellant and cross appellee.

J. Dorsey Blalock, Waycross, Ga., for appellee and cross appellant.

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

HOLMES, Circuit Judge.

On reading and considering the petition for rehearing, we are convinced that our former opinion in this case should be clarified to some extent. The trial court's ruling, which excluded rule 26 from the evidence, is immaterial because appellant in its answer admits that said rule was in effect at the time of the injury. Said rule is as follows:

"A blue signal, displayed at one or both ends of an engine, car or train, indicates that...

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