Legal Opinion
Union Pacific Railroad Company, a Utah Corporation v. Jimmie Rex Lumbert
Court of Appeals for the Tenth Circuit
Decided November 12, 1968No. 9735PublishedCited by 30 opinions
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
This case arises out of a railroad-crossing accident near Pine Bluffs, Wyoming. A jury awarded appellee-plain-tiff damages in the amount of $102,573 and the railroad appeals.
A road and two railroad tracks intersected at an angle of 60 degrees. The only warning sign or device was the familiar crossbuck. A signal box, telegraph poles, and some bushes partially obstructed the view. The surface of the road was rough and contained chuckholes. The railroad was aware of the crossing conditions.
The plaintiff traveled the road regularly going to work. He testified that he…
2Cases cited14 opinions
- Ford Motor Company v. ArguelloWyoming Supreme Court · 1963
- Helen Yaich Christopherson v. Kathalene Tibbels HumphreyCourt of Appeals for the Tenth Circuit · 1966
- Johnston v. VukelicWyoming Supreme Court · 1950
- Cross v. RyanCourt of Appeals for the Seventh Circuit · 1941
- McDowall v. WaltersWyoming Supreme Court · 1961
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Jung Ja Malandris v. Merrill Lynch, Pierce, Fenner & Smith IncorporatedCourt of Appeals for the Tenth Circuit · 1983
- Aspen Highlands Skiing Corp. v. Aspen Skiing Co.Court of Appeals for the Tenth Circuit · 1984
- Davis v. RennieCourt of Appeals for the First Circuit · 2001
- Sunburst School District No. 2 v. Texaco, Inc.Montana Supreme Court · 2007
- Radio Corp. of America v. Radio Station KYFM, Inc.Court of Appeals for the Tenth Circuit · 1970
25 more not listed; retrieve them via the Exa API.