C. A. Cain v. Illinois Central Railroad Company

TUTTLE, Circuit Judge.

This is an appeal by the plaintiff from a judgment based on a jury verdict for the defendant railroad in a crossing accident case. Aside from attacks on the weight of the evidence there are two asserted errors of law on which appellant seeks a reversal.

The appellant is suing for the death of his son who was instantly killed, together with three companions, when the automobile in which they were riding was struck at a public railroad crossing in the small unincorporated community of Davenport, Mississippi. On a record that does not contain a transcript of the evidence,…