Legal Opinion

United States of America, and Union Pacific Railroad Company v. Isaac Marshall

Court of Appeals for the Ninth Circuit

Decided March 22, 1956No. 14237_1PublishedCited by 27 opinions

1Opinion of the Court

JAMES M. CARTER, District Judge.

The action below was for personal injuries based on the claimed negligence of the United States and the Union Pacific Railroad Company, hereafter referrsd to as the Railroad. Jurisdiction as to the United States was based on the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b) and 2674. Jurisdiction as to the Railroad was based on diversity of citizenship, 28 U.S.C.A. § 1332. 1 After a trial, before the court without ^a jury, a joint and several judgment was entered against the two defendants for $75,000.-00 general damages, $3,705.75 special damages and costs.…

2Cases cited37 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. Binford v. JohnstonIndiana Supreme Court · 1882
  5. Clark v. E. I. du Pont de Nemours Powder Co.Supreme Court of Kansas · 1915

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3Cited by27 opinions

  1. Richards v. United StatesSupreme Court of the United States · 1962
  2. Smith v. SharpIdaho Supreme Court · 1960
  3. United States v. John M. ReillyCourt of Appeals for the Tenth Circuit · 1967
  4. Sentner v. AmtrakDistrict Court, D. New Jersey · 1982
  5. Robinson v. Williamsen Idaho Equipment CompanyIdaho Supreme Court · 1972

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