DUNN v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

Nos. 8318, 8319.

370 F.2d 681 (1966)

Mary S. DUNN, a widow, for the use and benefit of herself and Charles Thomas Dunn, Robert Allen Dunn, and Johnny Dale Dunn, minor children, surviving next of kin of Bobby C. Dunn, deceased, Appellant, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a foreign corporation, Appellee. McCULLOUGH TOOL COMPANY, a corporation, Appellant, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a foreign corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 24, 1967.


Attorney(s) appearing for the Case

David H. Sanders, Tulsa, Okl., for appellants.

Ben Franklin, Oklahoma City, Okl. (E. D. Grinnell, Jr., St. Louis, Mo., and Franklin, Harmon & Satterfield, Oklahoma City, Okl., with him on brief), for appellee.

Before MURRAH, Chief Judge, and ALDRICH and HILL, Circuit Judges.


ALDRICH, Circuit Judge:

This grade crossing case in which the jury found for the railroad raises important practice questions under F.R.Civ. P. 51. The individual plaintiff is the legal representative of a passenger in a truck, owned by the corporate plaintiff, which was driven into the side of a boxcar that was either standing, or just stopping, halfway across the roadway. The time was night. Admittedly a wigwag flasher was not functioning, but, also admittedly,...

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