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SOUTHERN PACIFIC RAILROAD v. MONTALVO

No. 25365.

397 F.2d 50 (1968)

SOUTHERN PACIFIC RAILROAD, Appellant, v. Miguel Enrique MONTALVO, Appellee.

United States Court of Appeals Fifth Circuit.

June 28, 1968.

Attorney(s) appearing for the Case

Fred B. Wagner, Brownsville, Tex., for appellant.

Thomas G. Sharpe, Jr., Hardy & Sharpe, Brownsville Tex., of counsel, for appellee.

Before COLEMAN and GODBOLD, Circuit Judges, and RUBIN, District Judge.

GODBOLD, Circuit Judge:

This is an appeal from a jury verdict for the plaintiff in a case arising out of the collision of plaintiff's car with a train at a Texas grade crossing.

Southern Pacific contends that the issue of contributory negligence of the plaintiff under Vernon's Ann.Tex. Civ.Stat. Art. 6701d, § 86 (Vernon ed. 1960),1 was not properly submitted to the jury. In his oral charge, to which the railroad makes no objection...

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