FRANKLIN v. SANDERSVILLE RAILROAD COMPANY

No. 30374.

445 F.2d 270 (1971)

Carey Eugene FRANKLIN, Plaintiff-Appellant, v. SANDERSVILLE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 22, 1971.


Attorney(s) appearing for the Case

Buckner F. Melton, Andrew W. McKenna, Melton, McKenna & House, Macon, Ga., for plaintiff-appellant.

Wallace Miller, Jr., Macon, Ga., D. E. McMaster, Sandersville, Ga., Thomas Harper, Jr., Atlanta, Ga., for defendant-appellee; Jones, Cork, Miller & Benton, Macon, Ga., of counsel.

Before BROWN, Chief Judge, COLEMAN and CLARK, Circuit Judges.


PER CURIAM:

Franklin's appeal from a judgment for the railroad based on an adverse jury verdict confines its attack to the charge of the Court. We affirm.

This recognizes that factually it was a classic case for jury resolution of the claim that Franklin was knocked off a railroad car on the industrial siding of his employer when another car supposedly slammed into it by reason of a third car — spotted a couple of weeks previously — rolling down...

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