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ILLINOIS CENTRAL GULF RAILROAD CO. v. RICHARDSON

SC 1364.

330 So.2d 614 (1976)

ILLINOIS CENTRAL GULF RAILROAD CO., a corp., etc. v. Lillian Faye RICHARDSON, as Administratrix, etc.

Supreme Court of Alabama.

April 9, 1976.

Attorney(s) appearing for the Case

Sam W. Pipes, and Wesley Pipes, Mobile, for appellant.

Joseph M. Matranga, Mobile, for appellee.

FAULKNER, Justice.

The Railroad appeals from a jury verdict, judgment, denial of motion for judgment n. o. v., or in the alternative for a new trial, in a wrongful death action, assessing damages against it for $264,000. We reverse, and grant a new trial.

We address ourselves only to Assignment of Error No. 36. During his oral charge to the jury, the trial judge said:

"If someone is injured as a proximate result of the failure of the engineer to do...

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