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MIXON v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 22965.

380 F.2d 553 (1967)

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.

July 11, 1967.

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., for appellee.

Before TUTTLE, BROWN, and GODBOLD, Circuit Judges.

ON PETITON FOR REHEARING

GODBOLD, Circuit Judge:

Appellant's application for rehearing puts in question our holding that defendant ACL was entitled to grant of its motion for a new trial because of an erroneous charge on last clear chance.

Our opinion in this case rested on Southland Butane Gas Co. v. Blackwell, 211 Ga. 665, 88 S.E.2d 6 (1955). The facts there were these:

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