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LOUISVILLE AND NASHVILLE R. R. CO. v. FARMER

No. 12147.

224 F.2d 599 (1955)

LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Appellant, v. Willie FARMER, Administrator of the Estate of Thomas Donald Farmer, Appellee.

United States Court of Appeals Sixth Circuit.

June 10, 1955.

Attorney(s) appearing for the Case

Walker, Hooker, Keeble, Dodson & Harris, Nashville, Tenn., for appellant.

Fyke Farmer, Nashville, Tenn., for appellee.

Before SIMONS, Chief Judge, and MARTIN and MILLER, Circuit Judges.

PER CURIAM.

Appellant, Louisville and Nashville Railroad Company, has urged in its petition for rehearing in this case that the driver of the automobile involved in the collision, namely Thomas Donald Farmer, the intestate of Willie Farmer, Administrator, was, upon the proof in the case, shown to have been guilty of contributory negligence as a matter of law.

The point is well taken; and it was not our intention, in our opinion, to leave the impression that...

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