TEXAS-NEW MEXICO RY. CO. v. BAILEY

No. 14197.

203 F.2d 647 (1953)

TEXAS-NEW MEXICO RY. CO. v. BAILEY et al.

United States Court of Appeals Fifth Circuit.

April 23, 1953.


Attorney(s) appearing for the Case

Hill D. Hudson and John F. Tomlin, Pecos, Tex., for appellant.

Leo Brewster and Arthur Lee Moore, Fort Worth, Tex., George Finley, Kermit, Tex., Roberson & Finley, of Kermit, Tex., Brewster, Pannell, Leeton & Dean, Fort Worth, Tex., for appellees.

Josh H. Parr, Odessa, Tex., for intervener.

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


RIVES, Circuit Judge.

This appeal is from a judgment entered upon the verdict of a jury awarding damages for personal injuries suffered by the appellee Bailey, his wife, and their minor son in a collision between an automobile driven by Bailey and an oil tank car in a train of the appellant railway company. The collision occurred about 9 o'clock at night on January 29, 1951, at a place where a railway spur track crossed Highway No. 82 about five miles north of the...

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