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Howard v. Missouri Pacific Railroad Company

United States Court of Appeals, Fifth Circuit
Apr 25, 1969
410 F.2d 1144 (5th Cir. 1969)

Opinion

No. 27014.

April 25, 1969.

James G. Dubuisson, Dubuisson Dubuisson, Opelousas, La., for defendant-appellant.

Bob F. Wright, Domengeaux, Wright Bienvenu, Lafayette, La., for plaintiffs-appellees.

Before WISDOM and DYER, Circuit Judges, and KRENTZMAN, District Judge.


This diversity case arose from a railroad-crossing accident. Missouri Pacific's train, manned by an engineer and lookout, was heading west when it struck John Howard's car heading south. Howard was killed in the collision. The case was tried solely on the theory of last clear chance. The jury found that Missouri Pacific had the last clear chance to avoid the fatal collision. On this verdict, the district judge entered judgment in favor of Howard's heirs, and denied Missouri Pacific's motion for judgment notwithstanding the verdict:

Since from the evidence presented, the jury was justified in finding that the train crew had the last clear chance to make this case into a close call rather than a tragedy, defendant's motion for judgment notwithstanding the verdict must be denied.

We agree with the district judge that the question in this case was solely one of fact and that the evidence was "of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions". Boeing Co. v. Shipman, 5 Cir., 411 F.2d 365 [April 7, 1969]. Accordingly, we hold that the district judge properly denied Missouri Pacific's motions for a directed verdict and for judgment notwithstanding the verdict.

The judgment is

Affirmed.


Summaries of

Howard v. Missouri Pacific Railroad Company

United States Court of Appeals, Fifth Circuit
Apr 25, 1969
410 F.2d 1144 (5th Cir. 1969)
Case details for

Howard v. Missouri Pacific Railroad Company

Case Details

Full title:Dolores Costliow HOWARD, Individually, etc., et al., Plaintiffs-Appellees…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 25, 1969

Citations

410 F.2d 1144 (5th Cir. 1969)

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