ATLANTIC COAST LINE R. CO. v. KAMMERER

No. 14301.

205 F.2d 525 (1953)

ATLANTIC COAST LINE R. CO. v. KAMMERER. KAMMERER v. ATLANTIC COAST LINE R. CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 3, 1953.


Attorney(s) appearing for the Case

Charles L. Gowen and Chris B. Conyers, Brunswick, Ga. (Gowen, Conyers, Fendig & Dickey, Brunswick, Ga., of counsel), for appellant.

E. Way Highsmith, Brunswick, Ga., J. H. Highsmith, Brunswick, Ga. (Highsmith & Highsmith, Brunswick, Ga., and Baxley, Ga., of counsel), for appellee and cross-appellant.

Before HOLMES, BORAH, and RIVES, Circuit Judges.


HOLMES, Circuit Judge.

The appellee's son met his death when he drove his automobile into a train of cars that was performing a switching operation at a street crossing in Brunswick, Georgia. There are numerous specifications of error, but the decisive points on this appeal are with reference to the trial court's instructions to the jury. There was ample evidence to warrant the jury in finding that both the deceased and the railroad company were negligent, and the...

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