Legal Opinion
Luke Joseph Perricone v. The Kansas City Southern Railway Company v. United States Fidelity and Guaranty Company, Intervenor-Appellee
Court of Appeals for the Fifth Circuit
Decided November 12, 1980No. 79-2289PublishedCited by 16 opinions
1Opinion of the Court
COLEMAN, Chief Judge.
This is a diversity action against the defendant railroad for personal injuries and property loss allegedly sustained in a one car accident which occurred while the plaintiff, Luke Joseph Perricone, on the clear, dry day of January 23, 1976, was driving his 1970 Plymouth across the defendant’s railroad tracks at the Archie Street crossing in Beaumont, Texas. There was a jury verdict of $170,000 in favor of the plaintiff, which we reverse and remand for a new trial.
Liability was asserted in that the railroad had neglected its duty to build and keep the crossing in proper…
2Cases cited3 opinions
- Grunenthal v. Long Island Rail RoadSupreme Court of the United States · 1968
- Bertha Rosiello and Carl Rosiello, Her Husband v. C. Arthur Sellman and C. A. Siemann, Individually and D/B/A Green Thumb Garden CenterCourt of Appeals for the Fifth Circuit · 1965
- Lenward Brown v. Louisiana & Arkansas Railway CompanyCourt of Appeals for the Fifth Circuit · 1970
3Cited by16 opinions
- Dartez v. Fibreboard Corp.Court of Appeals for the Fifth Circuit · 1985
- Portia Motter, and Lawrence Motter, H/w v. Everest & Jennings, Inc.Court of Appeals for the Third Circuit · 1989
- Lee D. Harper v. Zapata Off-Shore CompanyCourt of Appeals for the Fifth Circuit · 1984
- Vance and Augusta Williams v. Martin Marietta Alumina, Inc.Court of Appeals for the Third Circuit · 1987
- Luke Joseph Perricone, United States Fidelity and Guaranty Company, Intervenor-Appellee v. The Kansas City Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1983
11 more not listed; retrieve them via the Exa API.