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ABERNATHY v. SOUTHERN PACIFIC COMPANY

No. 28434.

426 F.2d 512 (1970)

Louise ABERNATHY, Ind., and as next Friend of Lowell K. Abernathy, a Minor, Plaintiff-Appellee, v. SOUTHERN PACIFIC COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 5, 1970.

Attorney(s) appearing for the Case

James C. Watson, Corpus Christi, Tex., for defendant-appellant.

Dan Sullivan, Andrews, Tex., for plaintiff-appellee.

Before THORNBERRY, DYER and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This diversity action arises from an automobile-train crossing collision in which plaintiff's husband, who was driving the car, was killed and her son, the sole passenger, was injured. A jury trial resulted in a verdict in favor of Mrs. Abernathy against Southern Pacific Railroad totaling 115,000 dollars on her own behalf and 55,000 dollars for her son. Finding no reversable error in the legal and evidentiary process by which the liability of...

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