CAIN v. ILLINOIS CENTRAL RAILROAD COMPANY

No. 17539.

266 F.2d 942 (1959)

C. A. CAIN, Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 6, 1959.


Attorney(s) appearing for the Case

Lomax B. Lamb, Jr., Marks, Miss., for appellant.

Sherwood W. Wise, James L. Byrd, Jackson, Miss., J. L. Roberson, Clarksdale, Miss., for appellee. J. H. Wright, Vice President and Gen. Counsel, John W. Freels, Gen. Sol., Chicago, Ill., Byrd, Wise & Smith, Jackson, Miss., Roberson, Luckett & Roberson, Clarksdale, Miss., of counsel.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal by the plaintiff from a judgment based on a jury verdict for the defendant railroad in a crossing accident case. Aside from attacks on the weight of the evidence there are two asserted errors of law on which appellant seeks a reversal.

The appellant is suing for the death of his son who was instantly killed, together with three companions, when the automobile in which they were riding was struck at a public railroad...

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