STAPLETON v. LOUISVILLE & NASHVILLE RAILROAD CO.

No. 17271.

265 F.2d 738 (1959)

Leonard STAPLETON et al., Appellants, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 22, 1959.


Attorney(s) appearing for the Case

Jason H. Floyd, Gulfport, Miss., for appellants.

W. B. Hand, Mobile, Ala., S. E. Morse, Gulfport, Miss., C. B. Arendall, Jr., Mobile, Ala., Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., of counsel, for appellee.

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


CAMERON, Circuit Judge.

The question presented here is whether the court below committed reversible error in granting a peremptory instruction in favor of the Railroad Company in a suit brought by the beneficiaries of Allen Stapleton, who was killed while sitting on the end of a crosstie near a path across the railroad in the City of Pass Christian, Mississippi. Alleging that the train which killed Stapleton was being operated...

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