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SEABOARD AIR LINE R. CO. v. BAILEY

No. 13343.

190 F.2d 812 (1951)

SEABOARD AIR LINE R. CO. v. BAILEY.

United States Court of Appeals Fifth Circuit.

July 9, 1951.

Attorney(s) appearing for the Case

Charles R. Scott, William L. Durden, Jacksonville, Fla., for appellant.

Charles Cook Howell, Jr., Jacksonville, Fla., Wilburn A. Cleveland, Jr., Jacksonville, Fla., J. Ollie Edmunds, Jacksonville, Fla., John Marshall Green, Ocala, Fla., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and STRUM, Circuit Judges.

STRUM, Circuit Judge.

This appeal by the defendant railroad company is from a judgment awarding plaintiff damages for the death of her husband resulting from a collision between defendant's train and an automobile1 driven by the deceased, of which the negligence of the defendant railroad company is alleged to be the proximate cause.

The collision occurred in Wildwood, Florida, at about 1:26 p. m. on December 30, 1948, a clear cool...

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