ILLINOIS CENTRAL RAILROAD COMPANY v. UNDERWOOD

No. 15913.

235 F.2d 868 (1956)

ILLINOIS CENTRAL RAILROAD COMPANY, Appellant, v. Nathan R. UNDERWOOD and Richard M. Murray, Jr., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 4, 1956.


Attorney(s) appearing for the Case

R. L. Dent, M. E. Ward, Vicksburg, Miss. (Burch, Porter & Johnson, Memphis, Tenn., Joseph H. Wright, Vice-President and Gen. Counsel, Illinois Central R. R. Co., Chicago, Ill., John W. Freels, Gen. Solicitor, Illinois Central R. R. Co., Chicago, Ill., of counsel), for appellant.

Landman Teller, Vicksburg, Miss., Fred C. Berger, Natchez, Miss., E. H. Cunningham, Jr., Jackson, Miss., for appellees.

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


CAMERON, Circuit Judge.

This appeal calls on us to decide whether evidence offered in the present trial was sufficiently different from that before us when we reversed the case on the prior trial, to bring about a different result. An automobile driven by appellee Murray, in which appellee Underwood was a passenger ran into the side of a freight train, and both appellees sustained serious injuries. The two actions brought against the Illinois Central Railroad Company...

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