Legal Opinion

New Orleans and Northeastern Railroad Company v. Hewett Oil Company, Inc., Hewett Oil Company, Inc. v. New Orleans and Northeastern Railroad Company

Court of Appeals for the Fifth Circuit

Decided May 28, 1965No. 20949PublishedCited by 19 opinions

1Opinion of the Court

McRAE, District Judge:

At about eleven-thirty o’clock in the morning of November 8, 1962, a tractor-trailer unit owned by Hewett Oil Company, Inc., (Hewett) 1 and being driven, in the scope of his employment, by Roy Cordon McCurry collided with a Southern Railway Company (Southern) passenger train en route from Atlanta to Birmingham at a crossing near the line between Calhoun County and Talladega County, Alabama. The diesel locomotive pulling the train was leased by Southern from the New Orleans and Northeastern Railroad Company (NO&NE).

Southern brought suit against Hewett and McCurry,…

2Cases cited9 opinions

  1. Dimick v. SchiedtSupreme Court of the United States · 1935
  2. Whiddon v. MaloneSupreme Court of Alabama · 1929
  3. Johnson v. BattlesSupreme Court of Alabama · 1951
  4. Alexander Silverman and Mrs. Ethel Silverman v. Travelers Insurance Company and David A. LarsonCourt of Appeals for the Fifth Circuit · 1960
  5. Crescent Motor Co. v. StoneSupreme Court of Alabama · 1924

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Charles Franklin Westbrook, Jr., Pilot Point Ready-Mix, Inc., Intervenor-Appellee v. General Tire and Rubber Company, Etc.Court of Appeals for the Fifth Circuit · 1985
  2. William C. Hatfield v. Seaboard Air Line Railroad Company, Seaboard Air Line Railroad Company v. William C. HatfieldCourt of Appeals for the Fifth Circuit · 1968
  3. Gardner v. DorseySupreme Court of Alabama · 1976
  4. Raymond Parker v. Loren WidemanCourt of Appeals for the Fifth Circuit · 1967
  5. American Trading & Production Corp. v. Fischbach & Moore, Inc.District Court, N.D. Illinois · 1970

14 more not listed; retrieve them via the Exa API.

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