SHIREY v. LOUISVILLE & NASHVILLE RAILROAD COMPANY

No. 20348.

327 F.2d 549 (1964)

Lillie Mozell SHIREY and Ernest D. Shirey, Appellants, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 28, 1964.


Attorney(s) appearing for the Case

John M. Coe, Pensacola, Fla., for appellants.

Robert P. Gaines and Beggs, Lane, Daniel, Middlebrooks & Gaines, Pensacola, Fla., for appellee.

Before RIVES and JONES, Circuit Judges, and DAWKINS, District Judge.


RIVES, Circuit Judge.

This appeal is from a summary judgment for the defendant. The district court held that there was no genuine issue as to any material fact and that the defendant was entitled to judgment as a matter of law1 for two reasons: 1) There was no substantial evidence of any negligence on the part of the defendant which was a proximate cause of plaintiff's injury; 2) the plaintiff was guilty of contributory negligence as a...

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