ATLANTIC COAST LINE RAILROAD COMPANY v. WHITE

No. 15250.

222 F.2d 204 (1955)

ATLANTIC COAST LINE RAILROAD COMPANY v. L. M. WHITE and L. M. White Construction Company.

United States Court of Appeals Fifth Circuit.

May 13, 1955.


Attorney(s) appearing for the Case

Wm. M. Howell, Howell & Howell, Jacksonville, Fla., for appellant Atlantic Coast Line R. Co.

Neal Rutledge, Jordan Bittel, Earl Faircloth, Miami, Fla., S. Gordon Blalock, Jacksonville, Fla., Claude Pepper Law Offices, Miami, Fla., Boggs, Blalock & Holbrook, Jacksonville, Fla., for appellees.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.


CAMERON, Circuit Judge.

The narrow question involved in this appeal is whether, in a collision between a freight train and a heavy dirt moving machine at a temporary crossing, the railroad was guilty of any negligence contributing to the damage inflicted on the dirt mover. The District Court submitted to the jury the mutual claims asserted by the respective parties, declining to direct a verdict in favor of the railroad, and the jury rejected the railroad's claim...

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