Eleanor Anne Patton Badger v. Louisville & Nashville Railroad Company

DYER, Circuit Judge:

Following a jury verdict awarding damages for the wrongful death of the driver of an automobile with which the railroad collided at the intersection of its tracks and a highway, the District Court denied appellant’s motion for a new trial on damages only and granted appellee’s motion for judgment notwithstanding the verdict. We reverse. 1

Within the city limits of Pascagoula, Mississippi, about two o’clock in the afternoon of a clear day in August, 1966, the decedent, Doris Morgan Patton, was driving her station wagon in a northerly direction on Chico Road. As she was…