FUNK v. SEABOARD AIR LINE R. CO.

No. 14769.

212 F.2d 434 (1954)

FUNK v. SEABOARD AIR LINE R. CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 10, 1954.


Attorney(s) appearing for the Case

G. Seals Aiken, Ben F. Sweet, Atlanta, Ga., for appellant.

Allen E. Lockerman, Atlanta, Ga., Troutman, Sams, Schroder & Lockerman, Atlanta, Ga., of counsel, for appellee.

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


HOLMES, Circuit Judge.

The appellant brought this suit for damages, against the appellee, for the wrongful death of her son, Vernon Funk, who was killed when struck by a train operated by appellee as it came to a stop at Emory University Station, Georgia, on June 2, 1950. The jury found for the defendant, and from the judgment entered thereon the plaintiff appealed. The facts most favorable to the defendant will be stated, since the verdict of the jury impliedly adopted...

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