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SOUTHERN RAILWAY COMPANY v. JOLLEY

No. 17447.

267 F.2d 934 (1959)

SOUTHERN RAILWAY COMPANY, Appellant, v. Mrs. Nora B. JOLLEY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 23, 1959.

Attorney(s) appearing for the Case

Edgar A. Neely, Jr., Atlanta, Ga., Charles J. Bloch, Macon, Ga., Greene, Neely, Buckley & DeRieux, Atlanta, Ga., for appellant.

Newell Edenfield, J. C. Murphy, Ralph C. Jenkins, Atlanta, Ga., for appellee.

Before JONES, BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Ralph Jolley's widow brought suit for damages against the Southern Railway Company for the wrongful death of her husband that resulted from a railroad crossing collision between one of the railroad company's trains and a Jeep station wagon driven by Jolley. The case was tried without a jury. The district court awarded the widow damages in the amount of $24,000. We reverse and remand.

Ralph Jolley was a dairyman and farmer residing at...

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