Legal Opinion

Fawcett v. Missouri Pacific Railroad Company

District Court, W.D. Louisiana

Decided February 13, 1965No. Civ. A. 8914PublishedCited by 19 opinions

1Opinion of the Court

HUNTER, District Judge.

This suit is under the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-60. Plaintiff brings it for the benefit of herself as widow, and for the benefit of her minor child, Shelly Anne Fawcett, age 13, both dependents of decedent (Floyd S. Fawcett).

Defendant, Missouri Pacific Railroad Company, has moved for summary judgment pegged on the proposition that the deceased, Fawcett, was not its employee at the time he was killed. The sole question is: Does a genuine issue of fact exist with respect to this contention?

When the motion first came on for argument, the Court…

2Cases cited9 opinions

  1. Baker v. Texas & Pacific Railway Co.Supreme Court of the United States · 1959
  2. Cimorelli v. New York Cent. R. Co.Court of Appeals for the Sixth Circuit · 1945
  3. Taylor v. Standard Gas & Electric Co.Court of Appeals for the Tenth Circuit · 1938
  4. Kentucky Electric Power Co. v. Norton Coal Mining Co.Court of Appeals for the Sixth Circuit · 1938
  5. Pennsylvania R. Co. v. BarlionCourt of Appeals for the Sixth Circuit · 1949

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

3Cited by19 opinions

  1. In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
  2. Kelley v. Southern Pacific Co.Supreme Court of the United States · 1974
  3. Helen Schroeder, Administrator of the Estate of Ralph C. Schroeder, Deceased v. The Pennsylvania Railroad Company, a Pennsylvania Corporation, the Pennsylvania Railroad Company, a Corporation, Third-Party v. The Willett Company, a Corporation, Third-PartyCourt of Appeals for the Third Circuit · 1968
  4. Turpin v. Chicago, Burlington & Quincy Railroad Co.Supreme Court of Missouri · 1966
  5. Phelps v. Missouri-Kansas-Texas Railroad CompanySupreme Court of Missouri · 1969

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

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