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BADGER v. LOUISVILLE & NASHVILLE RAILROAD COMPANY

No. 27612 Summary Calendar.

414 F.2d 880 (1969)

Eleanor Anne Patton BADGER et al., Plaintiffs-Appellants, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

August 4, 1969.

Attorney(s) appearing for the Case

George S. Shaddock, D. Cumbest, Cumbest, Cumbest & Shaddock, Pascagoula, Miss., for appellants.

George E. Morse, Gulfport, Miss., W. B. Hand, Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., George E. Morse, Morse, & Morse, Gulfport, Miss., for appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

Following a jury verdict awarding damages for the wrongful death of the driver of an automobile with which the railroad collided at the intersection of its tracks and a highway, the District Court denied appellant's motion for a new trial on damages only and granted appellee's motion for judgment notwithstanding the verdict. We reverse.1

Within the city limits of Pascagoula...

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