Legal Opinion
James Leo Huth v. Southern Pacific Company
Court of Appeals for the Fifth Circuit
Decided October 7, 1969No. 27439PublishedCited by 296 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
The sole question in this diversity case is whether a private contract between the Texas Highway Department and the Railroad 1 imposing on the Highway Department the duty to maintain the Railroad’s right of way over a public highway crossing has the effect of absolving the Railroad from damages sustained by a member of the public as a consequence of a condition resulting from improper maintenance. On a jury verdict on special interrogatories 2 finding that the Railroad had a 50-foot right of way which it failed properly to maintain and that such negligence caused…
2Cases cited9 opinions
- Morgan v. United StatesSupreme Court of the United States · 1936
- Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
- Londoner v. City and County of DenverSupreme Court of the United States · 1908
- Federal Communications Commission v. WJR, Goodwill Station, Inc.Supreme Court of the United States · 1949
- Gulf, C. & S. F. Ry. Co. v. WoodsCourt of Appeals of Texas · 1924
4 more not listed; retrieve them via the Exa API.
3Cited by296 opinions
- Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, Defendant-Third Party v. Marine Mart, Inc., Third PartyCourt of Appeals for the Third Circuit · 1970
- National Labor Relations Board v. Amalgamated Clothing Workers of America, Afl-Cio, Local 990Court of Appeals for the Fifth Circuit · 1970
- Claudine Hall v. Sylvia GarsonCourt of Appeals for the Fifth Circuit · 1970
- Aloe Creme Laboratories, Inc., Cross v. Francine Co., Inc., CrossCourt of Appeals for the Fifth Circuit · 1970
- Miller v. Amusement Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1970
291 more not listed; retrieve them via the Exa API.