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SOUTHERN PACIFIC COMPANY v. EADES

No. 26057.

449 F.2d 11 (1971)

SOUTHERN PACIFIC COMPANY, Appellant, v. Myrna Laverne EADES et al., Appellees.

United States Court of Appeals, Fifth Circuit.

August 26, 1971.

Attorney(s) appearing for the Case

O. J. Weber, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, Tex., for appellant.

Ward Stephenson, Orange, Tex., Gilbert I. Low, Beaumont, Tex., Stephenson, Thompson & Morris, Orange, Tex., for appellees; John Cash Smith, Orange, Tex., of counsel.

Before GEWIN, AINSWORTH and ALDISERT, Circuit Judges.

GEWIN, Circuit Judge:

This wrongful death diversity action grows out of a fatal railroad crossing collision that occurred on April 14, 1966, in Orange County, Texas. Appellees1 obtained a jury verdict on special issues for the total sum of $29,500 against appellant Southern Pacific Company for the wrongful death of the decedent, Jimmie Lee Eades. Because of discrepancies and inconsistencies in the jury's answers to special issues as submitted...

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