C. L. FORESTER v. TEXAS AND PACIFIC RAILWAY COMPANY

No. 21093.

338 F.2d 970 (1964)

C. L. FORESTER and wife, Kittie Belle Forester, Appellants, v. The TEXAS AND PACIFIC RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 7, 1965.


Attorney(s) appearing for the Case

Otto B. Mullinax, Dallas, Tex., Mullinax, Wells, Morris & Mauzy, Dallas, Tex., of counsel, for appellant.

George Duffield Smith, Jr., and Touchstone, Bernays & Johnston, Dallas, Tex., for appellee.

Before BROWN and WISDOM, Circuit Judges, and ESTES, District Judge.


PER CURIAM.

Plaintiff, in a Texas-based common law suit against the Railroad, sought recovery for injuries suffered while a passenger. The jury finding adversely to the plaintiff, judgment was for the defendant Railroad.

On appeal, the plaintiff makes two complaints. The first concerns instructions given and instructions refused, some of which related to the nature of the Carrier's duty to exercise a high degree of care, another the exoneration of the Carrier...

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