Legal Opinion

Southern Pacific Transportation Co. v. United States

District Court, E.D. California

Decided November 28, 1978No. Civ. R-77-0180PublishedCited by 17 opinions

1Opinion of the Court

OPINION

MacBRIDE, Chief Judge.

The question presently before this court is whether federal or state law provides the rule of decision governing the application of contributory or comparative negligence standards to this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. The factual background in which the question arises can be stated briefly. On April 28,1973,18 DODX boxcars owned by the United States and laden with bombs being transported from Nevada to Port Chicago, California, by Southern Pacific Transportation Company (Southern Pacific) under contract with the…

2Cases cited54 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Feres v. United StatesSupreme Court of the United States · 1950
  3. Richards v. United StatesSupreme Court of the United States · 1962
  4. Local 174, Teamsters, Chauffeurs, Warehousemen & Helpers v. Lucas Flour Co.Supreme Court of the United States · 1962
  5. Moor v. County of AlamedaSupreme Court of the United States · 1973

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3Cited by17 opinions

  1. Salvador Caban v. United StatesCourt of Appeals for the Second Circuit · 1984
  2. In Re" Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
  3. Cheromiah v. United StatesDistrict Court, D. New Mexico · 1999
  4. Young v. United StatesDistrict Court, S.D. California · 1993
  5. Bilderback v. United StatesDistrict Court, D. Oregon · 1982

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