Roy Overstreet v. Southern Railway Company

AINSWORTH, Circuit Judge.

In this diversity suit for damages, plaintiff Overstreet was involved in a railroad crossing accident on February 3, 1959, at Hattiesburg, Forrest County, Mississippi, with a locomotive operated by the New Orleans & Northeastern Railroad Company. The complaint was not filed until February 1, 1965, after which the district judge granted a motion for summary judgment dismissing the suit, the court holding that the un-contradicted affidavits submitted by defendant Southern Railway Company showed that it did not operate a train or conduct any railroad operations at…