CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY v. KING

No. 17607.

337 F.2d 510 (1964)

CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY, Appellant, v. Alfred KING, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 30, 1964.


Attorney(s) appearing for the Case

H. C. Walsh, of Pryor, Riley, Jones & Walsh, Burlington, Iowa, and K. A. Aspelmeier, of Pryor, Riley, Jones & Walsh, Burlington, Iowa, made argument for appellant and filed brief with J. C. Pryor and J. C. Riley, Burlington, Iowa, of the same firm.

Robert E. Dreher, and Kenneth H. Haynie, Des Moines, Iowa, made argument for appellee and filed brief.

Before VAN OOSTERHOUT and MEHAFFY, Circuit Judges, and DAVIES, District Judge.


VAN OOSTERHOUT, Circuit Judge.

This is an appeal by the defendant Chicago, Burlington and Quincy Railroad Company from a judgment for $118,593.10 entered against it upon a jury verdict in favor of plaintiff Alfred King in an action for damages predicated upon negligence arising out of a collision between a car operated by plaintiff and defendant's train at a country railroad crossing southeast of Harvey, Iowa, about 1:15 p. m. on September 30, 1960. The collision...

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