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BAYLIFF v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY

No. 72-1635.

470 F.2d 990 (1972)

Bob B. BAYLIFF, Plaintiff-Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 4, 1973.

Attorney(s) appearing for the Case

V. G. Kolius, Amarillo, Tex., for plaintiff-appellant.

A. B. Hankins, Michael C. Musick, Amarillo, Tex., for defendant-appellee.

Before MORGAN, CLARK and INGRAHAM, Circuit Judges.

PER CURIAM:

Appellant Bayliff was injured when a car in which he was riding was struck by one of appellee's trains at a crossing on the outskirts of Amarillo, Texas. In order for Bayliff to recover against the railroad he must, under Texas law, establish that the crossing where the accident occurred is "extra hazardous". See Fitch v. Missouri-Kansas-Texas Transportation Co., 5 Cir. 1971, 441 F.2d 1.

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