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GENTRY v. LOUISVILLE AND NASHVILLE RAILROAD CO.

No. 17079.

371 F.2d 829 (1967)

Lloyd GENTRY and Maude Gentry, Heirs at Law of Minnie Belle Gentry, Deceased, Plaintiffs-Appellants, v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

January 27, 1967.

Attorney(s) appearing for the Case

Robert J. Pennington, Madisonville, Tenn., for appellants, J. D. Lee, Madisonville, Tenn., on brief.

J. W. Baker, Knoxville, Tenn., for appellee, Poore, Cox, Baker & McAuley, Knoxville, Tenn., of counsel.

Before O'SULLIVAN and EDWARDS, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

In this case one issue is presented. Appellants claim that the failure of the District Judge to charge the jury on "remote contributory negligence" under the law of the State of Tennessee, McCullough v. Johnson Freight Lines, Inc., 202 Tenn. 596, 308 S.W.2d 387 (1957); Louisville and Nashville Railroad Co. v. Martin, 113 Tenn. 266, 87 S.W. 418 (1904), was error which requires us to reverse a jury verdict for defendant...

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