TURNER v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 15226.

222 F.2d 337 (1955)

Eva L. TURNER, as Administratrix of the Estate of Paul Turner, deceased, v. ATLANTIC COAST LINE RAILROAD COMPANY.

United States Court of Appeals Fifth Circuit.

May 10, 1955.


Attorney(s) appearing for the Case

Douglas Brown, Henry B. Steagall, II, Ozark, Ala., W. G. Hardwick, Dothan, Ala., for appellant.

Evans Hinson, Montgomery, Ala., Alto V. Lee, III, Dothan, Ala., for appellee.

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


TUTTLE, Circuit Judge.

This is an appeal from a judgment on a directed verdict for the appellee railroad company in a suit brought by the widow for the wrongful death of her husband when the automobile in which he was driving stalled and was struck on a railway crossing in Ozark, Alabama.

The complaint was laid in four counts, numbers one and three of which alleged that the defendant negligently ran its train into the deceased's automobile, and numbers two...

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