MISSOURI-KANSAS-TEXAS R. CO. OF TEXAS v. LANE

No. 14503.

213 F.2d 851 (1954)

MISSOURI-KANSAS-TEXAS R. CO. OF TEXAS v. LANE et al.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 20, 1954.


Attorney(s) appearing for the Case

Ben H. Rice, III, and C. E. Bryson, Houston, Tex., G. H. Penland, Dallas, Tex., Vinson, Elkins, Weems & Searls, Houston, Tex., for appellant.

J. Edwin Smith, Houston, Tex., Terry L. Jacks, San Marcos, Tex. (Smith & Lehmann, Houston, Tex., of counsel), for appellee.

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


HOLMES, Circuit Judge.

This is an action for damages, under the statutory law of Texas, for the alleged wrongful death of Homer Edward Lane, the husband of Clarice Ann Lane and the father of Rusty Ann Lane. Federal jurisdiction depends solely upon diversity of citizenship and the requisite jurisdictional amount. The injuries causing death occurred at a railroad crossing in Texas, and the issue as to liability is governed by the laws of that state.

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