Legal Opinion
Southern Railway Company v. Mrs. Opal Shealey
Court of Appeals for the Fifth Circuit
Decided August 9, 1967No. 24053PublishedCited by 3 opinions
1Opinion of the Court
DYER, Circuit Judge:
This is an appeal from a judgment entered upon a jury verdict awarding damages to appellee for the death of her husband. We affirm.
About 9:40 in the morning of a clear day in 1964 appellee’s husband was proceeding in his automobile on an unpaved road. He was struck at a grade crossing three or four miles west of Tallapoosa, Georgia, by appellant’s train and was killed instantly.
Appellee claimed that appellant was negligent and that the crossing in question was either public (Count 1) or private (Count 2) under Georgia law. Appellant denied these claims and asserted…
2Cases cited15 opinions
- Wilmington Star Mining Co. v. FultonSupreme Court of the United States · 1907
- E. L. Cheeney Company and Edmon Lewis Fregia v. Walter L. Gates, Jr.Court of Appeals for the Fifth Circuit · 1965
- Penick v. County of MorganSupreme Court of Georgia · 1908
- Louisville & Nashville Railroad v. HamesSupreme Court of Georgia · 1910
- Home Ins. Co. v. Tydal Co.Court of Appeals for the Fifth Circuit · 1945
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3Cited by3 opinions
- MCI Communications Corporation and MCI Telecommunications Corporation v. American Telephone and Telegraph CompanyCourt of Appeals for the Seventh Circuit · 1983
- United States v. International Business Machines Corp.District Court, S.D. New York · 1980
- MCI Communications Corporation and MCI Telecommunications Corporation v. American Telephone and Telegraph CompanyCourt of Appeals for the Seventh Circuit · 1983