Legal Opinion · Concurrence

Stringfellow v. Atlantic Coast Line R.

Court of Appeals for the Fifth Circuit

Decided March 31, 1933No. 6617Published

1Concurrence

HUTCHESON, Circuit Judge.

I concur with the majority in their conclusion that “the right of recovery for the deaths of plaintiff’s children should have been submitted to the jury.” I concur with them in the reasons advanced in support of their conclusions that the evidence did not establish, as matter of law, that “their father’s negligence was the sole proximate cause of their deaths. That the jury might reasonably have concluded that their deaths were caused by the contributing or concurrent negligence of their father and the railroad company.” Because I do concur in these *176conclusions and in…

2Cases cited23 opinions

  1. Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
  2. Seaboard Air Line Railway Co. v. WatsonSupreme Court of Florida · 1927
  3. Bradley v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1923
  4. Beal v. McKeeSupreme Court of Alabama · 1907
  5. Seaboard Air Line Railway v. SmithSupreme Court of Florida · 1907

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