Marion Eskind Melancon, Individually & as Nat. Tutrix of the Minors, Ernest Melancon, Jr. & Kathy Melancon v. S. Pac. Co., 344 F.2d 123 (5th Cir. 1965). · Go Syfert
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Marion Eskind Melancon, Individually & as Nat. Tutrix of the Minors, Ernest Melancon, Jr. & Kathy Melancon v. S. Pac. Co., 344 F.2d 123 (5th Cir. 1965). Cases Citing This Book View Copy Cite
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Marion Eskind MELANCON, Individually and as Natural Tutrix of the Minors, Ernest Melancon, Jr. and Kathy Melancon, Appellant,
v.
SOUTHERN PACIFIC COMPANY, Appellee
21892.
Court of Appeals for the Fifth Circuit.
Apr 12, 1965.
344 F.2d 123
William Harris McBride, McBride & Brewster, Lafayette, La., for appellant., Harry McCall, Jr., Chaffe, McCall, Phillips, Burke, Toler & Hopkins, New Orleans, La., for appellee.
Wisdom, Bell.
Published
PER CURIAM.

In this suit arising out of a grade crossing collision, the District Court granted the motion for directed verdict of the defendant railroad company.

After careful consideration we have concluded that the facts warrant no inference other than that the sole and proximate cause of the collision and resulting death of the truck driver was his own negligence. See Turner v. Atlantic Coast Line Railroad Company, 5 Cir., 1961, 292 F.2d 586, for the strict test to be applied in determining whether a verdict should be directed. We have applied that test and found appellant’s case wanting.

Affirmed.