SOUTHERN RAILWAY COMPANY v. SHEALEY

No. 24053.

382 F.2d 752 (1967)

SOUTHERN RAILWAY COMPANY, Appellant, v. Mrs. Opal SHEALEY, Appellee.

United States Court of Appeals Fifth Circuit.

August 9, 1967.


Attorney(s) appearing for the Case

John W. Maddox, James D. Maddox, Matthews, Maddox, Walton & Smith, Rome, Ga., Sanders, Mottola & Haugen, Newman, Ga., for appellant.

Harold L. Murphy, Tallapoosa, Ga., for appellee.

Before RIVES and DYER, Circuit Judges, and JOHNSON, District Judge.


DYER, Circuit Judge:

This is an appeal from a judgment entered upon a jury verdict awarding damages to appellee for the death of her husband. We affirm.

About 9:40 in the morning of a clear day in 1964 appellee's husband was proceeding in his automobile on an unpaved road. He was struck at a grade crossing three or four miles west of Tallapoosa, Georgia, by appellant's train and was killed instantly.

Appellee claimed that appellant was negligent and...

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