GEORGIA RAILROAD AND BANKING COMPANY v. OTTS

No. 16341.

245 F.2d 561 (1957)

GEORGIA RAILROAD and BANKING COMPANY, Appellant, v. James Taft OTTS, Appellee.

United States Court of Appeals Fifth Circuit.

June 19, 1957.


Attorney(s) appearing for the Case

Eugene A. Epting, William L. Erwin, Athens, Ga., Erwin, Nix, Birchmore & Epting, Athens, Ga., for appellants.

George D. Finley, Birmingham, Ala., Jake B. Joel, Athens, Ga., for appellee.

Before BORAH, RIVES and BROWN, Circuit Judges.


PER CURIAM.

The jury found appellant Railroad guilty of negligence proximately causing the injuries received by the plaintiff in a truck-diesel locomotive crossing collision at Crawford, Georgia. The Trial Court denied motions for a directed verdict and for judgment n.o.v. We agree with the Trial Court and thereby reject the Railroad's sole contention that it was entitled to judgment as a matter of law.

The plaintiff, operating a loaded truck-trailer over...

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