TURNER v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 18403.

292 F.2d 586 (1961)

Frances H. TURNER, as Guardian for Frank N. Turner, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

July 20, 1961.


Attorney(s) appearing for the Case

James A. Bagwell, Atlanta, Ga., for appellant.

Wm. B. Spann, Jr., James E. Thomas, Atlanta, Ga., Alston, Sibley, Miller, Spann & Schackelford, Atlanta, Ga., of counsel, for appellee.

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


WISDOM, Circuit Judge.

The plaintiff below, as guardian of her husband, Frank N. Turner, an incompetent, appeals from the district court's granting of the defendant's motion for judgment under Rule 50(b), F.R.Civ.P., 28 U.S.C.A.

Around six in the morning of November 8, 1955, Frank Turner was driving his 1955 Ford Victoria automobile on the Hoffmeyer Road, a black asphalt farm-to-market road located outside the city limits of Florence, South Carolina. He had...

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