LEE v. SOUTHERN RAILWAY COMPANY

Nos. 14706, 14707.

303 F.2d 880 (1962)

N. C. LEE, Individually and for the Use and Benefit of himself and the children of Nellie Lee, deceased, Plaintiff-Appellee, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellant. R. R. GRIGSBY, Jr., Administrator of the Estate of Ruby Carolyn Lee, deceased, Plaintiff-Appellee, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

June 13, 1962.


Attorney(s) appearing for the Case

A. B. Bowman and Harry N. Fortune, Johnson City, Tenn., Phillips & Hale, Rogersville, Tenn., Simmonds, Bowman & Herndon, Johnson City, Tenn., of counsel, for defendant-appellant.

H. E. Wilson, Kingsport, Tenn., Tom Rogan, Rogersville, Tenn., on brief; Wilson, Worley & Gamble, Kingsport, Tenn., of counsel, for plaintiffs-appellees.

Before MILLER, Chief Judge, and McALLISTER and O'SULLIVAN, Circuit Judges.


McALLISTER, Circuit Judge.

In these cases, brought to recover damages for the death of appellees' decedents, resulting from the alleged negligence of appellant, jury verdicts were returned in favor of appellees, on which judgments were entered.

A review of the record discloses that the evidence presented a case for the jury on the question of appellant's liability for negligence.

Appellant claims that the trial court erred in refusing to charge the...

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