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CARROLL v. SEABOARD AIR LINE RAILROAD COMPANY

No. 10506.

371 F.2d 903 (1967)

Robert R. CARROLL, Administrator of the Estate of Jimmie Alston Carroll, Appellant, v. SEABOARD AIR LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 6, 1967.

Attorney(s) appearing for the Case

George Rountree, Jr., Wilmington, N. C. (Ray H. Walton, Southport, N. C., on brief), for appellant.

Ozmer L. Henry, Lumberton, N. C. (Everett L. Henry, Lumberton, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BELL, Circuit Judge, and LEWIS, District Judge.

OREN R. LEWIS, District Judge:

The plaintiff's intestate was killed when the automobile in which he was a passenger, which a sixteen-year-old brother was driving, collided with a Seaboard train at a grade crossing near Eastbrook, North Carolina.

Suit for wrongful death was first commenced in the Superior Court of Brunswick County, North Carolina. The Honorable J. B. Craven, Jr., then a state judge, rendered judgment...

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