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NEWMAN v. MISSOURI PACIFIC RAILROAD COMPANY

No. 75-1231.

538 F.2d 96 (1976)

Robert J. NEWMAN, Jr., Plaintiff-Appellee-Cross Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY and J. I. Brown, Jr., Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

September 2, 1976.

Attorney(s) appearing for the Case

Daniel J. O'Beirne, Jim C. Blough, Natchez, Miss., for defendants-appellants-cross appellees.

W. F. Riley, Claude Pintard, Jr., J. Walter Brown, Jr., Natchez, Miss., for plaintiff-appellee-cross appellant.

Before RIVES, GOLDBERG and CLARK, Circuit Judges.

PER CURIAM:

To reach a correct decision of this appeal we must have as clear an understanding as possible of the present state of the law in Mississippi applicable to crossing accidents between railroad locomotives and automobiles, such as the one here involved, and more particularly as related to the following topics of law:

(1) What constitutes an unusual and dangerous crossing? (2) By what standard should the court determine the issue of negligence...

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