Homer Gibbs v. Louisville and Nashville Railroad Company

Fifth Circuit

Homer Gibbs v. Louisville and Nashville Railroad Company

426 F.2d 312, 1970 U.S. App. LEXIS 8766

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 10, 1970

Docket26993

StatusPublished

This text of 426 F.2d 312 (Homer Gibbs v. Louisville and Nashville Railroad Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Homer Gibbs v. Louisville and Nashville Railroad Company, 426 F.2d 312, 1970 U.S. App. LEXIS 8766 (5th Cir. 1970).

Pincite

Opinion

PER CURIAM:

This diversity case originated as a personal injury action growing out of a collision between a train and an automobile. Plaintiff Homer Gibbs was injured when the car he was driving was struck by a Louisville and Nashville Railroad train at a grade crossing in Mobile County, Alabama. He brought suit against the railroad, and the case was tried to a jury in the United States District Court for the Southern District of Alabama. The jury returned a verdict for the defendant railroad, judgment was entered accordingly, and from that judgment plaintiff appeals.

In his brief and on oral argument plaintiff has advanced numerous assignments of error, all having to do with the trial court’s charge to the jury. We have carefully examined each of the plaintiff’s contentions in the light of the record to determine whether the court committed any error that would require a reversal of the judgment. Having found no error, we affirm the judgment of the district court.

Affirmed.

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PER CURIAM:

This diversity case originated as a personal injury action growing out of a collision between a train and an automobile. Plaintiff Homer Gibbs was injured when the car he was driving was struck by a Louisville and Nashville Railroad train at a grade crossing in Mobile County, Alabama. He brought suit against the railroad, and the case was tried to a jury in the United States District Court for the Southern District of Alabama. The jury returned a verdict for the defendant railroad, judgment was entered accordingly, and from that judgment plaintiff appeals.

In his brief and on oral argument plaintiff has advanced numerous assignments of error, all having to do with the trial court’s charge to the jury. We have carefully examined each of the plaintiff’s contentions in the light of the record to determine whether the court committed any error that would require a reversal of the judgment. Having found no error, we affirm the judgment of the district court.

Affirmed.

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Bluebook (online)

426 F.2d 312, 1970 U.S. App. LEXIS 8766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/homer-gibbs-v-louisville-and-nashville-railroad-company-ca5-1970.