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WOODARD v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

No. 27530.

418 F.2d 1305 (1969)

Albert E. WOODARD, Administrator of the Estate of Gladys Grubbs, Deceased, Plaintiff-Appellant, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 29, 1969.

Attorney(s) appearing for the Case

Leslie Darden, Lester F. Summers, New Albany, Miss., for plaintiff-appellant.

D. W. Houston, Jr., Claude Chamberlin, Aberdeen, Miss., C. R. Bolton, Tupelo, Miss., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and JONES and CARSWELL, Circuit Judges.

JONES, Circuit Judge.

Boyce Grubbs and Gladys Grubbs, his wife, resided in New Albany, Mississippi. On December 18, 1966, they went by pickup truck, which was owned by the husband, to the rural residence of Mr. and Mrs. Cobb. She was a cousin of Mrs. Grubbs. With them was their minor daughter. The Cobbs lived approximately five miles from the home of the Grubbs. In addition to a social visit the trip had as its purpose the...

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