HUGHRY v. ILLINOIS CENTRAL GULF RAILROAD COMPANY

No. 73-3259. Summary Calendar.

489 F.2d 1037 (1974)

Matthew HUGHRY, Plaintiff-Appellant, v. The ILLINOIS CENTRAL GULF RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 25, 1974.


Attorney(s) appearing for the Case

Roland C. Lewis, Stephen L. Beach, Jackson, Miss., for plaintiff-appellant.

Jerome B. Steen, William M. Dalehite, Jr., Jackson, Miss., for defendant-appellee.

Before BELL, SIMPSON and MORGAN, Circuit Judges.


PER CURIAM:

Plaintiff recovered damages from defendant railroad company arising out of his having been injured by a train in a switching yard. Being dissatisfied with the amount of the award, he claims error in two particulars and seeks a new trial.

As to the first claim of error, it is not altogether clear that the court instructed the jury that plaintiff was a trespasser in that the instructions to this effect were immediately followed by another instruction...

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