McCLAIN v. SEABOARD COAST LINE RAILROAD COMPANY

No. 73-3764 Summary Calendar.

490 F.2d 863 (1974)

Robert McCLAIN, By and Through his father, Roy McClain, as next friend, Plaintiff-Appellant, v. SEABOARD COAST LINE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 11, 1974.


Attorney(s) appearing for the Case

D. D. Rentz, Albany, Ga., for plaintiff-appellant.

J. W. Walters, Albany, Ga., for defendant-appellee.

Before BELL, SIMPSON and MORGAN, Circuit Judges.


PER CURIAM:

Appellant Robert McClain, a minor, through his father as next friend, complains of error by the District Court in directing a verdict for the appellee, Seaboard Coast Line Railroad Company. This is the second appearance of this case before this court. See 473 F.2d 357.

In the previous opinion rendered by this court, we held:

"The evidence presented to the jury was such that the jury could have found that...

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