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SOUTHERN RAILWAY COMPANY v. HAYNES

No. 18739.

293 F.2d 291 (1961)

SOUTHERN RAILWAY COMPANY, Appellant, v. Richard HAYNES and Grady Howard, Jr., by next friend, Grady Howard, Sr., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 8, 1961.

Attorney(s) appearing for the Case

Emory F. Robinson, Robert B. Thompson, Gainesville, Ga., Charles J. Bloch, Macon, Ga., Wheeler, Robinson & Thompson, Gainesville, Ga., for appellant.

Sidney O. Smith, Jr., Telford, Wayne & Smith, Gainesville, Ga., for appellees.

Before JONES and BROWN, Circuit Judges, and DE VANE, District Judge.

DE VANE, District Judge.

Richard Haynes, appellee, sued Southern Railway Company, appellant, in the City Court, Hall County, Georgia, for $100,000 damages for pain and suffering, medical expenses, loss of earnings and diminished capacity to labor and earn money, which he alleged resulted from injuries sustained on April 25, 1959, when a tractor-trailer he was operating was struck by a train of appellant just outside the city of Gainesville, Georgia. The case was removed...

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