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IRBY v. TRAVIS

No. 2004-CA-00414-SCT.

935 So.2d 884 (2006)

Arthur IRBY and Illinois Central Railroad Company v. Mary TRAVIS, Individually, and as Administratrix of the Estate of Michael Travis, Deceased, and on Behalf of all Wrongful Death Beneficiaries of Michael Travis, Deceased.

Supreme Court of Mississippi.

Rehearing Denied August 24, 2006.

Attorney(s) appearing for the Case

Glenn F. Beckham, Harris Frederick Powers, Edward Blackmon, Jr., attorneys for appellants.

Donna Brown Jacobs, Anita K. Modak-Truran, John C. Henegan, Dennis C. Sweet, III, Alyson Lee Bustamante, attorneys for appellees.

EN BANC.

CARLSON, Justice, for the Court.

¶ 1. Illinois Central Railroad Company and Arthur Irby, its locomotive engineer, (collectively Illinois Central) appeals to us from an adverse judgment entered pursuant to a jury verdict awarding damages to the wrongful death beneficiaries of the decedent driver due to a fatal accident at a grade crossing in Holmes County. The plaintiffs have also cross-appealed based on the trial court's failure to conduct an

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