ILLINOIS CENT. R. CO. v. LEE

No. 14682.

212 F.2d 496 (1954)

ILLINOIS CENT. R. CO. v. LEE.

United States Court of Appeals, Fifth Circuit.

May 6, 1954.


Attorney(s) appearing for the Case

Semmes Luckett and Roberson, Luckett & Roberson, Clarksdale, Miss., (Byrd, Wise & Smith, Jackson, Miss., John W. Freels, and Joseph H. Wright, Chicago, Ill., of counsel), for appellant.

Geo. F. Maynard, Jr., and Maynard, FitzGerald & Maynard, Clarksdale, Miss., for appellee.

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


HUTCHESON, Chief Judge.

The suit was for damages to a grain combine which while stalled on a private crossing was struck by one of defendant's passenger trains.

The claims were: (1) that, due to the negligence of the defendant, the crossing and approaches thereto were permitted to be in an unsafe and dangerous condition, and because thereof the combine became stalled; (2) that the defendant was negligent in failing to keep a proper lookout to detect the presence...

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