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RUTHERFORD v. ILLINOIS CENTRAL RAILROAD COMPANY

No. 17865.

276 F.2d 330 (1960)

Raymond L. RUTHERFORD, Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

February 26, 1960.

Attorney(s) appearing for the Case

C. Paul Barker, New Orleans, La., S. E. Morse, Gulfport, Miss., George M. Leppert, New Orleans, La., for appellant.

James L. Byrd, Jackson, Miss., Joseph H. Wright, John W. Freels, Chicago, Ill., Byrd, Wise & Smith, Jackson, Miss., of counsel, for appellee.

Before JONES, BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

This is a tort action arising out of one of those tragic accidents when a person, walking between sets of railroad tracks or on the cinder path along the side of railroad tracks, is hit and mangled by a train, and no one, including the plaintiff, knows just how the accident happened. The case was tried in the District Court for the Southern District of Mississippi, but the accident occurred in Hammond, Louisiana, and the law of Louisiana controls...

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