NICHOLS v. SEABOARD COASTLINE RY. CO.

SC 1590.

341 So.2d 671 (1976)

Lacey H. NICHOLS, III, who sues as Administrator of the Estate of Lacey H. Nichols, Jr., Deceased, v. SEABOARD COASTLINE RAILWAY CO., a corp., et al.

Supreme Court of Alabama.

Rehearing Denied February 4, 1977.


Attorney(s) appearing for the Case

Selman & Beard, Jasper, and Hogan, Smith & Alspaugh by W. Clay Alspaugh, Birmingham, for appellant.

Morris W. Savage of Bankhead, Savage & Stephens, Jasper, for appellees.


JONES, Justice.

Plaintiff, Lacey H. Nichols, as personal representative of his deceased father, appeals from an adverse judgment and order overruling his motion for a new trial. The suit is based on a crossing accident claiming damages for wrongful death against Seaboard Coastline Railway Co. and its employee, Jim C. Laird.

The sole dispositive issue may be stated: Where extraneous material was introduced into the jury's deliberations, must actual prejudice...

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