Shirey v. Louisville & Nashville Railroad

CARSWELL, Chief Judge.

Separate motions for summary judgment are before the Court for determination.

The facts are not in dispute. About December 1, 1961 Mrs. Shirey, a 65 year old woman, suffered a fall which shattered her left knee cap and caused other injuries. The fall occurred at the intersection of Government and Tarragona Streets, Pensacola, Florida, at or near defendant’s railroad tracks which run down the center of Tarragona Street. From Mrs. Shirey’s deposition it appears that she was walking down Government Street on her way to catch a bus. When she reached the intersection of…