Burdis v. Texas & Pacific Railway Co.

AINSWORTH, Circuit Judge:

Plaintiff Lionel Burdis, a Louisiana resident, brought this diversity action, see 28 U.S.C. § 1332, against defendant Texas & Pacific Railway Company (hereinafter “Texas & Pacific”), a Texas corporation, for personal injuries allegedly arising out of an accident which occurred on October 24, 1974, at approximately 9 a. m., when a railroad locomotive owned by Texas & Pacific collided with an automobile in which Burdis was a passenger.1 Burdis was seriously injured. The accident occurred at the intersection of railroad tracks and a road located on the property of the…