KIRKPATRICK v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 17008.

259 F.2d 409 (1958)

Russell Graham KIRKPATRICK, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

September 22, 1958.


Attorney(s) appearing for the Case

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

H. Reid DeJarnette, Miami, Fla., Dixon, DeJarnette, Bradford & Williams, Miami, Fla., for appellee.

Before TUTTLE, BROWN, and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

This damage suit arises out of a collision that occurred at a railroad crossing between an automobile operated by the plaintiff, Kirkpatrick, and the defendant railroad company's train. The jury returned a verdict for the defendant, and the plaintiff appeals.

The question presented on appeal is whether the district court erred in charging the jury under the Florida comparative negligence statute...

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