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FARE v. SOUTHERN RAILWAY COMPANY

No. 30526 Summary Calendar.

438 F.2d 933 (1971)

Loree Talley FARE, who sues in her capacity as Administratrix of the Estate of her deceased husband, Elbert Price Fare, Plaintiff-Appellee, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 16, 1971.

Attorney(s) appearing for the Case

C. S. McGivaren, Jr., Leigh M. Clark, Birmingham, Ala., for defendant-appellant; Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., of counsel.

Al G. Rives, Timothy M. Conway, Jr., Birmingham, Ala., for plaintiff-appellee; Rives, Peterson, Pettus, Conway & Burge, Birmingham, Ala., of counsel.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

The Southern Railway Company appeals from an order of the district court denying its alternative motions for judgment notwithstanding the jury verdict or for a new trial.

The principal question presented for review is whether there was sufficient evidence to support the jury's findings that the Southern Railway train in question was equipped with defective brakes and that this violation of the Federal Safety Appliance Act, 45 U.S.C. § 1 et...

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