Legal Opinion

Gatha Banks Harris, Etc. v. Illinois Central Railroad Co.

Court of Appeals for the Fifth Circuit

Decided April 6, 1955No. 15148_1PublishedCited by 15 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

This action is for the wrongful death of the deceased, who was killed by a train that passed over his body, while he was lying prostrate between the rails and in a manifestly helpless condition, in the Parish of East Baton Rouge, Louisiana. The complaint as originally filed was for damages resulting to the widow of the deceased and two named children bom of the marriage. The plaintiff sued for damages in the sum of $50,000 for herself and the two children; but, at the beginning of the trial, she attempted to dismiss as to all demands except for support of the children.…

2Cases cited2 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Burks v. Texas Co.Court of Appeals for the Fifth Circuit · 1954

3Cited by15 opinions

  1. Glona v. American Guarantee & Liability InsuranceSupreme Court of the United States · 1968
  2. Dorothy Evans Anderson Etc. v. Dr. M. L. MoorerCourt of Appeals for the Fifth Circuit · 1967
  3. Fireman's Fund Insurance Company, Assignee of Steve Radeff and Carl Robinson v. Railway Express Agency, Inc., a Delaware CorporationCourt of Appeals for the Sixth Circuit · 1958
  4. Elois N. Sahuc v. United States Fidelity & Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1963
  5. Sansone v. Ocean Accident and Guarantee Corp.District Court, E.D. Louisiana · 1964

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