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WALKER v. KANSAS CITY SOUTHERN RY. CO.

No. 81-2086.

674 F.2d 1130 (1982)

Arthur WALKER, Plaintiff-Appellee, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 10, 1982.

Attorney(s) appearing for the Case

Gene M. Williams, Robert A. Black, Beaumont, Tex., for defendant-appellant.

Blair Bisbey, Jasper, Tex., for plaintiff-appellee.

Before BROWN, GOLDBERG and POLITZ, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Kansas City Southern Railway Company (KCS) appeals from a jury verdict awarding Arthur Walker damages as a result of a 1978 accident at a train crossing in Port Arthur, Texas. KCS argues that the magistrate's instructions to the jury misstated Texas law and that he erred in failing to grant judgment notwithstanding the verdict. We reverse.

Car Meets Railway

On April 28, 1978, at approximately 11:00 p. m., Arthur...

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