Leonard Stapleton v. Louisville & Nashville Railroad Company , 265 F.2d 738 ( 1959 )

HUTCHESON, Chief Judge

(concurring) .

I concur fully in the result, in all that is said in the careful and thorough analysis and discussion of Mississippi eases and law, by which in this case we are bound, and in the conclusion that under that law no actionable negligence was here shown, no case for a jury verdict was made out. I desire to add only that, in my opinion, the facts here shown are such that plaintiffs would stand no better in any other state where negligence is the basis of liability, and that plaintiffs’ reliance on the decision of the South Carolina Court in Jones v. Atlanta-Charlotte Airline Ry., 218 S.C. 537, 63 S.E.2d 476, 2 A.L.R.2d 297 will not at all do, not only, or even mainly, because the suit is governed by the substantive law of Mississippi, but because the facts of the Jones case differ materially from those established here and nothing decided in it supports the view contended for here, that a case of actionable negligence even under South Carolina law was made out.