ABATE v. ATCHISON, T. & S. F. RY. CO.

No. 75-1974.

548 F.2d 525 (1977)

Joseph H. ABATE, Plaintiff-Appellee, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 12, 1977.


Attorney(s) appearing for the Case

Chilton O'Brien, Beaumont, Tex., for defendant-appellant.

Edward H. Green, Beaumont, Tex., for plaintiff-appellee.

Lawrence L. Germer, Beaumont, Tex., for Atlantic Mutual, Etc.

Before WISDOM, CLARK and RONEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 12, 1977.

PER CURIAM:

In this diversity case questions of negligence and contributory negligence arise under Texas law from an automobile-train collision at a railroad crossing. The jury found that the Santa Fe Railroad, the defendant, had acted negligently and that Joseph Abate, the plaintiff and driver of the car, was not contributorily negligent. The district court awarded a judgment for the plaintiff of $600...

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