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HUTH v. SOUTHERN PACIFIC COMPANY

No. 27439 Summary Calendar.

417 F.2d 526 (1969)

James Leo HUTH, Plaintiff-Appellee, v. SOUTHERN PACIFIC COMPANY, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

October 7, 1969.

Attorney(s) appearing for the Case

Fred B. Wagner Brownsville, Tex., John F. Heard, Baker, Botts, Shepherd & Coates, Houston, Tex., for Southern Pacific Co.

Thomas G. Sharpe, Jr., Hardy & Sharpe, Brownsville, Tex., for plaintiff-appellee.

James Leo Huth, in pro per.

Before JOHN R. BROWN, Chief Judge, THORNBERRY and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

The sole question in this diversity case is whether a private contract between the Texas Highway Department and the Railroad1 imposing on the Highway Department the duty to maintain the Railroad's right of way over a public highway crossing has the effect of absolving the Railroad from damages sustained by a member of the public as a consequence of a condition resulting from improper maintenance. On a jury verdict...

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