Legal Opinion
Lenz v. Southern Pacific Co.
Court of Appeals for the Fifth Circuit
Decided April 29, 1974No. 73-3861PublishedCited by 4 opinions
1Per curiam
On December 24, 1971, Joseph A. Lenz, Jr., was killed when' the truck he was driving collided with a Southern Pacific train in Macdona, Texas. A wrongful death action based upon diversity jurisdiction was filed in federal court by the decedent’s former wife on behalf of his minor son, Tommy Ray Lenz, and by the decedent’s parents. After a jury verdict in their favor a judgment was entered awarding the deceased’s parents $15,000 and his minor son $50,000. Southern Pacific’s motion for a new trial was denied and it has appealed.
The appellant makes four basic contentions: (1) “Insurance” was…
2Cases cited7 opinions
- Dennis v. HulseTexas Supreme Court · 1962
- St. Louis Southwestern Railway Company v. GregoryTexas Supreme Court · 1965
- St. Louis Southwestern Railway Company v. Glen WilliamsCourt of Appeals for the Fifth Circuit · 1968
- Pasotex Pipe Line Co. v. MurrayCourt of Appeals for the Fifth Circuit · 1948
- Socony Mobil Oil Company, Inc. v. G. C. Taylor, as Next Friend of Katherine Taylor and J. P. Sharp, as Nextfriend of Claudia SharpCourt of Appeals for the Fifth Circuit · 1968
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3Cited by4 opinions
- Kenneth Lehrman v. Gulf Oil CorporationCourt of Appeals for the Fifth Circuit · 1974
- Southern Stone Company, Inc. v. Sam Singer and Thomas D. MooreCourt of Appeals for the Fifth Circuit · 1982
- Southern Stone Company, Inc. v. Sam Singer and Thomas D. MooreCourt of Appeals for the Fifth Circuit · 1982
- Tommy Ray Lenz, Etc. v. Southern Pacific Company, No. 73-3861 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1974