CLARK v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 18676.

288 F.2d 255 (1961)

James Lee CLARK v. ATLANTIC COAST LINE RAILROAD COMPANY.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 11, 1961.


Attorney(s) appearing for the Case

Robert L. Cork, Valdosta, Ga., for appellant.

T. H. Vann, Roy M. Lilly, Thomasville, Ga., S. Spencer Bennet, Quitman, Ga., for appellee.

Before TUTTLE, Chief Judge, and JONES and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

On the afternoon of April 29, 1955, on the outskirts of Quitman, Georgia, James Lee Clark, twenty-two months old, was sitting in the middle of the railroad track on Atlantic Coast Line's main line. His parents were nearby digging for fishing worms in a ditch paralleling the tracks. The weather was clear. The sun was shining. A long freight train — three diesel units and eighty-eight cars —...

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