Legal Opinion
Hickson Corp. v. Norfolk Southern Railway Co.
Court of Appeals for the Sixth Circuit
Decided February 16, 2005No. 03-5801, 03-5910, 03-5911UnpublishedCited by 8 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
This is the second time this diversity case has come before us on appeal. The first trial and appeal concerned liability for a spill of arsenic acid, a hazardous material, at the Chattanooga train yard. We upheld a jury verdict finding liability against Hickson Corporation (now known as Arch Wood Protection, Inc.) 1 and in favor of Norfolk Southern Railway, but we reversed and remanded for a new trial on damages because the jury verdict permitted double recovery by allowing recovery of damages in both tort and contract. Hickson Corp. v. Norfolk Southern Ry. Co., 260…
2Cases cited22 opinions
- Win Myint and wife Patti KI. Myint v. Allstate Insurance CompanyTennessee Supreme Court · 1998
- Otis v. Cambridge Mutual Fire Insurance Co.Tennessee Supreme Court · 1993
- In the Matter of Oil Spill by the Amoco Cadiz Off the Coast of France on March 16, 1978Court of Appeals for the Seventh Circuit · 1992
- United States v. Jerry Alfred WhitworthCourt of Appeals for the Ninth Circuit · 1988
- Jefferey Dale Ellis, Administrator of the Estate of Margaret Ann Ellis, Deceased v. International Playtex, Inc., a Delaware CorporationCourt of Appeals for the Fourth Circuit · 1984
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3Cited by8 opinions
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- Brackett v. Columbia Gulf Transmission, LLCDistrict Court, W.D. Kentucky · 2024
- Johns v. CR BardDistrict Court, S.D. Ohio · 2020
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