FRANKENBERG v. SOUTHERN RAILWAY COMPANY

No. 19566.

424 F.2d 507 (1970)

Ernest E. FRANKENBERG, Plaintiff-Appellee, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

April 23, 1970.


Attorney(s) appearing for the Case

Clyde W. Key, Knoxville, Tenn., for defendant-appellant.

Frank H. Marsh, Jr., Knoxville, Tenn., for plaintiff-appellee; Roger Thompson, Knoxville, Tenn., on brief.

Before EDWARDS, McCREE and COMBS, Circuit Judges.


McCREE, Circuit Judge.

Defendant Southern Railway Company appeals from a judgment entered on a jury verdict of $10,000 in a personal injury action. The sole issue is whether plaintiff-appellee, as a matter of law, was barred from recovery by contributory negligence. Federal jurisdiction exists because of diversity of citizenship, and Tennessee law applies.

The accident out of which this litigation arises occurred when appellee Frankenberg's automobile collided...

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