GONZALES v. MISSOURI PACIFIC RAILROAD COMPANY

No. 73-3799.

511 F.2d 629 (1975)

Adelaido GONZALES, Jr., et al., Plaintiffs-Appellees—Cross-Appellants. v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Appellant—Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 12, 1975.


Attorney(s) appearing for the Case

Thomas G. Sharpe, Jr., Brownsville, Tex., for defendant-appellant.

Burch Downman, Houston, Tex., for plaintiffs-appellees.

Before BROWN, Chief Judge, and AINSWORTH and DYER, Circuit Judges.


JOHN R. BROWN, Chief Judge:

This appeal of a personal injury diversity suit raises two questions—first, whether the Trial Judge erred in failing to submit the issue of sole proximate cause to the jury once that issue had been fairly raised by the defendant and second, whether the plaintiff was entitled to $8,329.71 in stipulated medical expenses where the jury's answers to special interrogatories established defendant's liability and a lack of causal negligence...

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