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BUSH v. LOUISVILLE & NASHVILLE RAILROAD COMPANY

No. 17199.

260 F.2d 854 (1958)

Betty BUSH and her husband, Eddie Bush, Appellants, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 5, 1958.

Attorney(s) appearing for the Case

Peter T. Fay, William S. Frates, Nichols, Gaither, Green, Frates & Beckham, Sam Daniels, Miami, Fla., for appellants.

Bert H. Lane (of Yonge, Beggs & Lane), Pensacola, Fla., Wyatt Johnson (of Hoffman, Kemper & Johnson), Miami, Fla., for appellee.

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

JOHN R. BROWN, Circuit Judge.

Emerging from this 900-page record after a jury trial, verdict and judgment which the plaintiffs, Betty Bush, a professional woman golfer, and her husband consider inadequate for injuries sustained when her Thunderbird crashed into a small railway motorcar near Pensacola, Florida, are two simple questions. Did the Court err in (1) giving the usual railroad right of way charge since the railroad vehicle was a small motorcar, not a large...

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