Torts · MBE-tested
LOUISVILLE & N. R. CO. v. BREWTON
175 F. 1022·United States Court of Appeals for the Fifth Circuit·1910
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Opinion
LOUISVILLE & N. R. CO. v. BREWTON.
(Circuit Court of Appeals, Fifth Circuit,
January 25, 1910.)
No. 1,976.
In Error to the Circuit Court of the United' States for the Northern District of Florida.
F. B. Carter and Wm. A. Blount, for plaintiff in error. C. M. Jones and S. Pasco, Jr., for defendant in error.
Before PARDEE, McCORMICK, and SHELBY, Circuit Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
In our opinion the evidence of contributory negligence on the part of the defendant in error’s intestate is not sufficient for the court to find as a matter of law, or for the jury to find as a matter of fact, that the said intestate was guilty of contributory negligence. The judgment of the Circuit Court is affirmed.