MOORE v. LOUISVILLE & NASHVILLE RAILROAD COMPANY

Nos. 15447, 15448.

223 F.2d 214 (1955)

James MOORE, Appellant, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, Inc., Appellee. Lee HILL, Appellant, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

June 8, 1955.


Attorney(s) appearing for the Case

Albert S. Gaston, Douglas Stanard, Mobile, Ala., for appellants.

Charles B. Arendall, Jr., W. B. Hand, Mobile, Ala., Smith, Hand, Arendall & Bedsole, Mobile, Ala., of counsel, for appellee.

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


HUTCHESON, Chief Judge.

Brought separately but consolidated for trial, each of the suits was for damages alleged to have been sustained by the plaintiff in a crossing collision between the automobile in which he was riding as a gratuitous passenger and the locomotive of a railroad train operated by the defendant.

The claim in each suit was that the defendant's train was at and prior to the collision being negligently operated and as a proximate result thereof...

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