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GEORGIA SOUTHERN & FLORIDA RAILWAY COMPANY v. PERRY

No. 19837.

326 F.2d 921 (1964)

GEORGIA SOUTHERN & FLORIDA RAILWAY COMPANY, Appellant, v. A. H. PERRY and Evelyn Perry, husband and wife, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 20, 1964.

Attorney(s) appearing for the Case

H. P. Osborne, Jr., John M. McNatt, Jr., Mathews, Osborne & Ehrlich, Jacksonville, Fla., for appellant.

W. C. O'Neal, Gray, Chandler, O'Neal, Carlisle & Avera, Gainsville, Fla., for appellees.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and MORGAN, District Judge.

JONES, Circuit Judge.

The appellees, A. H. Perry and his wife Evelyn Perry, recovered judgment against the appellant in the district court for personal injuries to Mrs. Perry and the death of their daughter resulting from what we generally refer to as a crossing accident, where a locomotive of the railroad struck an automobile driven by Mrs. Perry in which the daughter was riding. The judgment was for the amounts found by a jury: $65,000 for the death of the child...

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