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MIXON v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 22965.

370 F.2d 852 (1966)

James MIXON, (H. B. Edwards, Jr., as Temporary Administrator upon the estate of James Mixon substituted as party-appellant for James Mixon, deceased), Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

December 30, 1966.

Attorney(s) appearing for the Case

J. Lundie Smith, Valdosta, Ga., for appellant.

Roy M. Lilly, T. Heyward Vann, Thomasville, Ga., Cam U. Young, Valdosta, Ga., Alexander, Vann & Lilly, Thomasville, Ga., Young, Young & Ellerbee, Valdosta, Ga., of counsel, for appellee.

Before TUTTLE, Chief Judge, BROWN and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge.

Appellant James Mixon1 sued the appellee, Atlantic Coast Line Railroad Company (ACL) in negligence for loss of two legs and an arm suffered when he was struck by a boxcar being pushed by a switch engine. ACL moved for a directed verdict at the conclusion of Mixon's case, stating grounds therefor; the Court carried the motion with the case. When both sides had rested ACL renewed its motion and made a separate motion...

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