TEXAS AND PACIFIC RAILWAY COMPANY v. WATKINS

No. 16294.

243 F.2d 171 (1957)

The TEXAS AND PACIFIC RAILWAY COMPANY, Appellant, v. Madge Reed WATKINS, Individually and as Natural Tutrix of her Minor Child, Richard Wesley Watkins, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 14, 1957.


Attorney(s) appearing for the Case

J. Barnwell Phelps, New Orleans, La., Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for defendant-appellant.

C. William Bradley, Norco, La., Thompson L. Clarke, St. Joseph, La., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

As though almost at hand were the day of the juridical Univac, in which data on weather, distance, speed, time, maxima-minima variables, favorable and unfavorable inferences are fed into its insatiable maw there to be stored, sorted, weighted, compared and digested, the Railroad with great earnestness insists that mechanically there can be no liability for the crossing death of Opal Watkins because the tractor hit the train, not the train...

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