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GLASS v. SEABOARD COAST LINE RAILROAD COMPANY

No. 71-2136.

457 F.2d 1387 (1972)

Willie Gertrude GLASS, as Administratrix of the Estate of Percy Glass, Deceased, Plaintiff-Appellee, v. SEABOARD COAST LINE RAILROAD COMPANY, Defendant-Appellant. Annie Bess GLASS, as Administratrix of the Estate of Horace G. Glass, Deceased, Plaintiff-Appellee, v. SEABOARD COAST LINE RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 31, 1972.

Attorney(s) appearing for the Case

W. W. Conwell, Peyton D. Bibb, Birmingham, Ala., for defendant-appellant.

Neal C. Newell, Francis H. Hare, Hare, Wynn, Newell & Newton, Birmingham, Ala., for plaintiff-appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

This case is before us on consolidated appeals from a jury trial in a diversity case where verdicts of $65,000 were returned for each of two plaintiffs representing the estates of a deceased automobile driver and his passenger who were killed in a railroad crossing accident. The suits were brought under the Alabama Homicide Act, Title 7, § 123, Alabama Code of 1940.

At the accident site, two parallel railroad tracks are crossed by a two-lane...

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