Illinois Central Railroad Company v. Roy Farris

WISDOM, Circuit Judge.

In this case a van type truck eleven feet high struck an Illinois Central railroad bridge over an underpass having a clearance above the. road of nine feet six inches. In an action against the railroad company the jury awarded $5,000 to the driver of the van. We affirm the judgment.

There is very little dispute as to the facts, except on one important point. About six o’clock in the evening of August 28, 1956, Roy Farris, driving a van type truck loaded with groceries, was on a gravel road approaching an underpass about two miles north of the town of Como in Panola…