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PERRICONE v. KANSAS CITY SOUTHERN RY. CO.

No. 81-2514.

704 F.2d 1376 (1983)

Luke Joseph PERRICONE, Plaintiff-Appellee, United States Fidelity and Guaranty Company, Intervenor-Appellee, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 19, 1983.

Attorney(s) appearing for the Case

Roger S. McCabe, Beaumont, Tex., Brian R. Davis, Austin, Tex., for defendant-appellant.

Gilbert T. Adams, Jr., Richard J. Clarkson, Beaumont, Tex., for Perricone.

W.E. Harper, Beaumont, Tex., for U.S. Fidelity and Guar. Co.

Before RANDALL and HIGGINBOTHAM, Circuit Judges, and BUCHMEYER, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this diversity case the railroad appeals from a judgment awarding damages to a motorist for injuries suffered when the bottom of his car struck the railroad's tracks at a crossing. The railroad argues that the trial court erred in sua sponte resubmitting the case to the jury after explaining to them the effect of their returned answer that the motorist was 70 percent negligent, in granting plaintiff a full award on a judgment...

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