Legal Opinion

P. M. Almendarez v. The Atchison, Topeka and Santa Fe Railway Company

Court of Appeals for the Fifth Circuit

Decided May 28, 1970No. 28624PublishedCited by 18 opinions

1Opinion of the Court

INGRAHAM, Circuit Judge.

The Atchison, Topeka and Santa Fe Railway Company (the railroad) appeals from a jury verdict finding it liable to one of its employees, Almendarez (the plaintiff), for back injuries he sustained while working upon the railroad’s right-of-way. The injury occurred while the plaintiff and three other section laborers were engaged in carrying a 200-pound “light carriage” from an area adjacent to the railroad tracks toward the tracks. The plaintiff was positioned at one corner of the equipment and was walking backward when he stepped into a depression near the tracks,…

2Cases cited14 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Lavender v. KurnSupreme Court of the United States · 1946
  3. Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
  4. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
  5. Shenker v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963

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

3Cited by18 opinions

  1. Bennie Lenard, Cross-Appellant v. Robert Argento & Joseph Sansone v. Village of Melrose ParkCourt of Appeals for the Seventh Circuit · 1983
  2. Mitchell v. Missouri-Kansas-Texas RailroadTexas Supreme Court · 1990
  3. Charline Hamilton, Administratrix of the Estate of Carey Clayton Yates v. Jess ChaffinCourt of Appeals for the Fifth Circuit · 1975
  4. Edward L. Flanigan v. Burlington Northern Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1980
  5. Francis v. Heater v. The Chesapeake and Ohio Railway CompanyCourt of Appeals for the Seventh Circuit · 1974

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

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