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MIXON v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 22965.

389 F.2d 770 (1968)

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.

January 26, 1968.

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

BY THE COURT:

In our original opinion we held erroneous a charge given by the District Court on the doctrine of last clear chance under Georgia law, relying on Southland Butane Gas Co. v. Blackwell, 211 Ga. 665, 88 S.E.2d 6 (1955).

A petition for rehearing was filed by appellant to which the appellee filed no response or citation of authority. On July 11, 1967 we granted the petition for rehearing...

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