Legal Opinion

Malisse Brown v. Seaboard Coastline Railroad, Successor to Atlantic Coastline Railroad Company

Court of Appeals for the Fifth Circuit

Decided December 18, 1968No. 25752PublishedCited by 4 opinions

1Per curiam

This diversity action was brought by Malisse Brown, appellant, against Seaboard Coastline Railroad, appellee, for damages arising out of a railroad crossing collision occurring at the Tenth Street crossing in the City of Cairo, Georgia. At the close of the presentation of evidence by petitioner, the District Court granted a motion for a directed verdict in favor of Seaboard, and it is from the granting of this motion that the petitioner alleges error.

After a perusal of the record, under the Georgia law, applying Erie,1 we affirm.

There was no evidence presented at the trial of any negligence…

2Cases cited4 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Equitable Life Assurance Society of the United States v. Henry Lee FryCourt of Appeals for the Fifth Circuit · 1967
  3. Central of Georgia Railway Co. v. HesterCourt of Appeals of Georgia · 1956
  4. Atlantic Coast Line Railroad Company v. Mrs. Woodrow Sapp, Mrs. James H. Tyre and Mrs. Leroy Beckham, Sr.Court of Appeals for the Fifth Circuit · 1957

3Cited by4 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Hensley v. United StatesDistrict Court, S.D. Florida · 1989
  3. Malisse Brown v. Seaboard Coastline Railroad, Successor to Atlantic Coastline Railroad CompanyCourt of Appeals for the Fifth Circuit · 1968
  4. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969

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