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ILLINOIS CENTRAL RAILROAD COMPANY v. FARRIS

No. 17106.

259 F.2d 445 (1958)

ILLINOIS CENTRAL RAILROAD COMPANY, Appellant, v. Roy FARRIS, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 21, 1958.

Attorney(s) appearing for the Case

Sherwood W. Wise, James L. Byrd, Jackson, Miss., J.H. Wright, John W. Freels, Chicago, Ill., Byrd, Wise & Smith, Jackson, Miss., of counsel, for appellant.

Harold R. Ainsworth, New Orleans, La., Sam Lumpkin, Ralph L. Holland, Tupelo, Miss., Ainsworth & Ainsworth, New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, and JONES and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

In this case a van type truck eleven feet high struck an Illinois Central railroad bridge over an underpass having a clearance above the road of nine feet six inches. In an action against the railroad company the jury awarded $5,000 to the driver of the van. We affirm the judgment.

There is very little dispute as to the facts, except on one important point. About six o'clock in the evening of August 28, 1956, Roy Farris, driving a van...

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