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GENERAL PORTLAND CEMENT COMPANY v. WALKER

No. 18422.

293 F.2d 294 (1961)

GENERAL PORTLAND CEMENT COMPANY, Appellant, v. Barbara WALKER, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 30, 1961.

Attorney(s) appearing for the Case

W. L. Gray, Jr., Robert G. Young, Blackwell, Walker & Gray, Miami, Fla., for appellant.

Earl Faircloth, Neal P. Rutledge, Hector, Faircloth & Rutledge, Miami, Fla., for appellee.

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

WISDOM, Circuit Judge.

The defendant, General Portland Cement Company, appeals from a jury verdict and judgment in a personal injury death action. The complaint alleges that the decedent, Ernest Walker, was drowned when his truck went off the road into a canal because of the defendant's negligence in failing to maintain the road in proper condition or to barricade the road. The defendant's sole contention on appeal is that the trial judge erred in failing to direct...

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