COLLINS BY AND THROUGH KAY v. SEABOARD, ETC.

No. 81-7408.

675 F.2d 1185 (1982)

Arthur COLLINS, By and Through J. Benjamin KAY, III, as guardian ad litem, Plaintiff-Appellee, v. SEABOARD COAST LINE RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 10, 1982.


Attorney(s) appearing for the Case

Nixon, Yow, Waller & Capers, John B. Long, Roy D. Tritt, Charles C. Stebbins, III, Augusta, Ga., for defendant-appellant.

Thomas R. Burnside, Jr., James B. Wall, Augusta, Ga., for plaintiff-appellee.

Before TUTTLE, HENDERSON and CLARK, Circuit Judges.


TUTTLE, Circuit Judge:

The Railroad appeals from a judgment against it, following a crossing accident, principally on alleged errors of the trial court in the admission and exclusion of evidence.

The facts as admitted by the trial court, would warrant a jury's findings to the following effect:

The accident occurred in an industrial area just west of the city limits of Augusta, Georgia, where a fairly busily...

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