SOUTHERN PACIFIC COMPANY v. MATTHEWS

No. 20988.

335 F.2d 924 (1964)

SOUTHERN PACIFIC COMPANY, Successor and Assign of Texas and New Orleans Railroad Company, Appellant, v. Ruth MATTHEWS, et vir, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 24, 1964.


Attorney(s) appearing for the Case

Warren G. Moore, Tyler, Tex., Ben G. Sewell, Houston, Tex., for appellant, McGregor, Sewell, Junell & Riggs, Houston, Tex., of counsel.

Robert Fairchild, Center, Tex., Jack Flock, Tyler, Tex., for appellees, Ramey, Brelsford, Hull & Flock, Tyler, Tex., McDaniel, Hunt & Fairchild, Center, Tex., of counsel.

Before HUTCHESON, PRETTYMAN and JONES, Circuit Judges.


JONES, Circuit Judge.

Ruth Matthews and her husband, L. D. Matthews, recovered judgment against the appellant railroad company for personal injuries sustained when a train of the appellant struck an automobile, driven by L. D. Matthews in which his wife, Ruth Matthews, was a passenger, at a grade crossing in the town of Tenaha, Texas. The car was struck on the right side by a train composed of freight cars backing over the crossing. Ruth Matthews was sitting on the...

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