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ATLANTIC COAST LINE RAILROAD COMPANY v. KAMMERER

No. 14993.

218 F.2d 149 (1955)

ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. Albert Gregor KAMMERER, Appellee.

United States Court of Appeals, Fifth Circuit.

January 7, 1955.

Attorney(s) appearing for the Case

Chris B. Conyers, Brunswick, Ga., Allyn M. Wallace, Savannah, Ga., Gowen, Conyers, Fendig & Dickey, Brunswick, Ga., for appellant.

E. Way Highsmith, Brunswick, Ga., J. H. Highsmith, Brunswick, Ga., Highsmith & Highsmith, Brunswick, Ga., and Baxley, Ga., of counsel, for appellee.

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

HOLMES, Circuit Judge.

This is the second appearance of this case before us on appeal. The prior judgment was reversed because of the error of the court below in refusing to give certain instructions requested on behalf of the defendant. 5 Cir., 205 F.2d 525. We adhere to our ruling on the former appeal that this is not a case for punitive damages, and that the real question as to liability is one of comparative negligence. We also...

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