OUTLAW v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY

No. 21030.

448 F.2d 1284 (1971)

Maggie Bernice OUTLAW, Administratrix of the Estate of L. J. Outlaw, Deceased, Plaintiff-Appellee v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

September 29, 1971.


Attorney(s) appearing for the Case

John B. Mack, Asst. Dist. Atty., Memphis, Tenn., on the brief, for defendant-appellant; Clarence Clifton, Asst. Dist. Atty., Memphis, Tenn., of counsel.

John B. Maxwell, Jr., Memphis, Tenn., for plaintiff-appellee; Pat H. Mann, Jr., Brownsville, Tenn., on brief; Apperson, Crump, Duzane & Maxwell, Memphis, Tenn., of Counsel.

Before CELEBREZZE, McCREE and MILLER, Circuit Judges.


WILLIAM E. MILLER, Circuit Judge.

On April 30, 1969, plaintiff-appellee's husband was killed when a tractor, pulling a large water-filled roller, overturned, crushing him to death. The equipment had become stuck while crossing the railroad's tracks in rural Haywood County, Tennessee. The Railroad tracks crossed Steele Road, a dirt road, at a point approximately 400 feet from Highway 70. For many years Steele Road had been used to connect highway 70 with state road...

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