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GULF, MOBILE AND OHIO RAILROAD COMPANY v. THORNTON

Nos. 16577, 16578.

294 F.2d 104 (1961)

GULF, MOBILE AND OHIO RAILROAD COMPANY, A Corporation, Appellant, v. T. A. THORNTON, Appellee (two cases).

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 22, 1961.

Attorney(s) appearing for the Case

Alphonso H. Voorhees, St. Louis, Mo., for appellant; Fordyce, Mayne, Hartman, Renard & Stribling, St. Louis, Mo., on the brief.

Branham Rendlen, Hannibal, Mo., for appellee; Rendlen & Rendlen, Hannibal, Mo., C. M. Hulen, Sr., and Hulen & Hulen, Moberly, Mo., on the brief.

Before VOGEL and BLACKMUN, Circuit Judges, and BECK, District Judge.

BECK, District Judge.

These two diversity cases, consolidated for purpose of trial and appeal, arose out of a train-car collision at a railroad crossing on September 11, 1958, at 7:30 a. m., with appellee's wife as the driver of the car and his two minor sons passengers.

Both sons died as a result of injuries received in the accident, which in turn led to the commencement of the actions, trial, $10,000 jury verdicts in each, judgments entered accordingly and...

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