ATLANTIC COAST LINE RAILROAD COMPANY v. SWAFFORD

No. 15121.

220 F.2d 901 (1955)

ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. James L. SWAFFORD, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 16, 1955.


Attorney(s) appearing for the Case

G. L. Reeves, Ralph C. Dell, LeRoy Allen, Tampa, Fla., Charles Cook Howell, Vice Pres. & Gen. Counsel A. C. L. R. Co., Wilmington, N. C., for appellant.

T. Paine Kelly, Jr., Tampa, Fla., Thos. W. Butler, Sarasota, Fla., Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., of counsel, for appellee.

Before HUTCHESON, Chief Judge, TUTTLE, Circuit Judge, and DAWKINS, District Judge.


TUTTLE, Circuit Judge.

This is an appeal in a railroad grade crossing case, tried to a jury, with verdict for plaintiff below.

Mrs. James L. Swafford, a 42 year old housewife and rest home operator, for whose death the husband brought the action, was driving a car west on 27th Street outside of Sarasota, Florida, at 5:24 P. M. on December 31, 1952, a clear day. She was returning to her home, some distance from the scene of the accident, after having taken...

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