NEWPORT v. CINCINNATI, NEW ORLEANS & TEXAS PAC. RY.

No. 74-1782.

509 F.2d 1246 (1975)

Leoda NEWPORT, Plaintiff-Appellee, v. CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY, a Division of Southern Railway, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

February 5, 1975.


Attorney(s) appearing for the Case

Don S. Stansberry, Jr., Baker, Worthington, Crossley & Stansberry, Huntsville, Tenn., for defendant-appellant.

Richard W. Krieg, Morton, Lewis, King & Jones, John K. King, Knoxville, Tenn., for plaintiff-appellee.

Before CELEBREZZE, PECK and McCREE, Circuit Judges.


McCREE, Circuit Judge.

This is an appeal from the denial of a motion for judgment notwithstanding the verdict or in the alternative for a new trial, entered after the jury returned a verdict for plaintiff-appellee in the amount of $55,000. Jurisdiction is based on diversity of citizenship, and the law of Tennessee applies.

The case arises out of a railroad crossing accident in which plaintiff's decedent was killed. On January 14, 1970, shortly before 4 p....

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