Mrs. Mary Louise Miller, Etc. v. Alexandria Truck Lines, Inc.

U.S. Court of Appeals for the Fifth Circuit March 10, 1960

Mrs. Mary Louise Miller, Etc. v. Alexandria Truck Lines, Inc., 274 F.2d 942 (5th Cir. 1960)

1960 U.S. App. LEXIS 5169

Opinion

PER CURIAM.

In our original opinion we erroneously referred to the deceased as Roy Wind-ham and to his twin brother as Ray Windham, whereas it was Ray Windham who was killed in the accident, and his twin brother, Roy Windham, volunteered testimony by affidavit on the motion for new trial. The opinion is corrected accordingly. 273 F.2d 897.

We remain convinced that the entire judgment should be reversed and the cause remanded for a new trial. Compare Atlantic Coast Line R. Co. v. Bennett, 4 Cir., 1958, 251 F.2d 934, 938, 939. The petition for rehearing is

Denied.

Reference

Full Case Name: Mrs. Mary Louise MILLER, Etc., Et Al., Appellants, v. ALEXANDRIA TRUCK LINES, INC., Et Al., Appellees
Cited By: 7 cases
Status: Published