HOLLINGSWORTH v. ILLINOIS CENTRAL GULF RAILROAD COMPANY

No. 73-1956 Summary Calendar.

485 F.2d 1236 (1973)

Ida Mae HOLLINGSWORTH et al., Plaintiffs-Appellees-Cross Appellants, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Defendant-Appellant-Cross Appellee. FOLLEN WOOD PRESERVING COMPANY, INC., Plaintiff-Appellee-Cross Appellant, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

November 7, 1973.


Attorney(s) appearing for the Case

Semmes Luckett, Shed Hill Roberson, Clarksdale, Miss., for defendant-appellant.

Jack F. Dunbar, Charles M. Merkel, Clarksdale, Miss., Mitchell M. Lundy, Grenada, Miss., for Hollingsworth and others.

Jon M. Barnwell, Clarksdale, Miss., for Follen.

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.


PER CURIAM:

This diversity case arising out of a grade crossing collision between a train and a truck was tried to the court without a jury. The driver of the truck was killed and his wife sued Illinois Central under the Mississippi Wrongful Death Act. Miss. Code of 1942, § 1453. The owner of the truck sued for damages to the truck. Illinois Central counterclaimed for damages to its engine. The district court made findings of fact and conclusions of law with...

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