STACEY v. ILLINOIS CENTRAL RAILROAD

No. 73-3283.

491 F.2d 542 (1974)

Merrill P. STACEY and Jean C. Stacey, Plaintiffs-Appellees, v. ILLINOIS CENTRAL RAILROAD et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 22, 1974.


Attorney(s) appearing for the Case

Henry D. Salassi, Jr., H. Payne Breazeale, Baton Rouge, La., for defendants-appellants.

Roy Maughan, Baton Rouge, La., for plaintiffs-appellees.

Before CLARK and GEE, Circuit Judges and COX, District Judge.


Rehearing and Rehearing En Banc Denied April 22, 1974.

CLARK, Circuit Judge:

The jury verdict in this railroad crossing death case was in the form of findings on special issues under Fed.R.Civ.P. 49(a). The railroad appeals from an adverse judgment based upon the findings that it was negligent in failing to keep its right-of-way clear of vegetation at a private grade crossing, and that its negligence was a proximate cause of this accident. It asserts that...

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