SMITH v. BUSH

No. 19747.

312 F.2d 131 (1963)

Percy SMITH, Appellant, v. B. J. BUSH et al., Appellees.

United States Court of Appeals Fifth Circuit.

January 9, 1963.


Attorney(s) appearing for the Case

Walter L. Nixon, Jr., Biloxi, Melvin B. Bishop, Jackson, Miss., for appellant.

W. B. Hand, Mobile, Ala., George E. Morse, Gulfport, Miss., Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., and Morse & Morse, Gulfport, Miss., of counsel, for appellees.

Before RIVES, JONES and BELL, Circuit Judges.


JONES, Circuit Judge.

The appellant, Percy Smith, was employed by Hattiesburg Grocery Company, of Hattiesburg, Mississippi, as a helper on a delivery truck. On January 17, 1957, the truck was hit by a train of the appellant, Louisville & Nashville Railroad Company, at a crossing in Gulfport, Mississippi, and Smith was injured. The appellee, B. J. Bush, was the engineer operating the train at the time of the collision. Workmen's compensation payments were made...

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