Legal Opinion

Lilly Fitch, Individually, and as Next Friend of Donna Diane Fitch v. Missouri-Kansas-Texas Transportation Company, D/B/A M-K-T Railroad.

Court of Appeals for the Fifth Circuit

Decided April 7, 1971No. 29749PublishedCited by 11 opinions

1Opinion of the Court

THORNBERRY, Circuit Judge:

On a dark, misty January night in 1968, an automobile carrying a trio of motorists crashed into the lead gondola car of a Missouri-Kansas-Texas Transportation Company (M-K-T) train at an intersection in Denison, Texas. One of the car’s occupants, William Edward Fitch, was killed instantly. Subsequently his wife, Lilly Fitch, individually and as next friend of the couple’s four minor daughters, instituted an action against M-K-T under the Texas Death and Survival Statutes for damages for the death of her husband. From a judgment for plaintiffs in the sum of $95,000,…

2Cases cited14 opinions

  1. Billy Ray Delancey v. Motichek Towing Service, Inc.Court of Appeals for the Fifth Circuit · 1970
  2. Fort Worth & Denver Railway Company v. WilliamsTexas Supreme Court · 1964
  3. Texas & New Orleans Railroad v. ComptonTexas Supreme Court · 1940
  4. Karr v. Panhandle & Santa Fe Railway Co.Texas Supreme Court · 1953
  5. Don H. McGuire v. Emmett Julius DavisCourt of Appeals for the Fifth Circuit · 1971

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

3Cited by11 opinions

  1. Mildred F. Houston and M. C. Houston v. Wayne Herring, Individually, Jay Buchbinder IndustriesCourt of Appeals for the Fifth Circuit · 1977
  2. Big Baby Co. v. SchecterDistrict Court, S.D. New York · 1993
  3. Linda Richards and Dorothy Richards v. Southern Pacific TransportationCourt of Appeals for the Fifth Circuit · 1982
  4. Ronnie Brents v. Freeman's Oil Field Service, Inc., Griffith Rental Tools, Inc., IntervenorCourt of Appeals for the Fifth Circuit · 1971
  5. Southern Pacific Company v. Myrna Laverne EadesCourt of Appeals for the Fifth Circuit · 1971

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

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