SOUTHERN PACIFIC COMPANY v. MAHL

No. 25937.

409 F.2d 229 (1969)

SOUTHERN PACIFIC COMPANY, Appellant, v. Lloyd M. MAHL, Sr., Appellee. Lloyd M. MAHL, Sr., Appellant, v. SOUTHERN PACIFIC COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 24, 1969.


Attorney(s) appearing for the Case

Harry McCall, Jr., Chaffe McCall, Phillips, Burke, Toler & Sarpy, New Orleans, La., for Southern Pac. Co.

Ivor A. Trapolin, New Orleans, La., for Mahl.

Before WISDOM, THORNBERRY and GOLDBERG, Circuit Judges.


ON PETITION FOR REHEARING

PER CURIAM:

Counsel for the railroad petitions for rehearing contending, first, that the issue of defective design was posed under both the negligence and the Safety Appliance counts of the complaint and therefore that the trial court's exclusion of a film showing operation of the type of uncoupling device involved in the accident constituted prejudicial error. The Federal Safety Appliance Act count, however, as the trial court...

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