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ATLANTIC COAST LINE RAILROAD COMPANY v. FUTCH

No. 17369.

263 F.2d 701 (1958)

ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. Mrs. Elizabeth Frances FUTCH, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 5, 1959.

Attorney(s) appearing for the Case

Bernard J. Mayer, LaGrange, Ga., John A. Smith, Talbotton, Ga., Lovejoy & Mayer, LaGrange, Ga., of counsel, for appellant.

James H. Fort, Columbus, Ga., Robert H. Jordan, Talbotton, Ga., Al Williams, Columbus, Ga., for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from a judgment based on a jury verdict in favor of a mother for the death of her 18 month old son on the track of the defendant railroad. The child was struck in the vicinity of a path leading from its parents' house1 down to the tracks. The question, preserved for review by defendant's motions to dismiss, for a directed verdict, for judgment n.o.v. and for new trial, is whether there was any substantial...

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