SEABOARD AIR LINE RAILROAD COMPANY v. HOROWITZ

No. 18170.

277 F.2d 738 (1960)

SEABOARD AIR LINE RAILROAD COMPANY, Appellant, v. Carol HOROWITZ, a minor, by her sister, and next friend, Joan Hoffman, Appellee.

United States Court of Appeals Fifth Circuit.

May 6, 1960.


Attorney(s) appearing for the Case

Earl D. Waldin, Jr., Smathers, Thompson & Dyer, Miami, Fla., for appellant Seaboard Air Line Railroad Co.

Wm. S. Frates, Sam Daniels, Nichols, Gaither, Green, Frates & Beckham, Miami, Fla., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.


PER CURIAM.

The mother of the appellee was killed when an automobile driven by her was struck by a train of the appellant at a grade crossing. Judgment was entered for the appellee and the railroad has appealed. It is asserted that erroneous charges were given to the jury. No objections to the charges were made and it is not contended that the appellant was deprived of an opportunity for making them. No exception being preserved the instructions are not subject to...

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