Legal Opinion
John T. Davis v. Illinois Central Railroad Co.
Court of Appeals for the Fifth Circuit
Decided January 24, 1991No. 90-1738PublishedCited by 30 opinions
1Opinion of the Court
DUHÉ, Circuit Judge.
In this diversity case, John T. Davis sued the Illinois Central Railroad Company for injuries he sustained when he fell from a railroad trestle or bridge after tripping over a spike left by a company employee. The district court granted the defendant’s motion for summary judgment, concluding that since Davis had failed to provide any evidence of willful or wanton conduct, Illinois Central could not be held liable under Mississippi law. We affirm.
Late one Friday night Davis and his friend Todd Winters left their college dormitory in Winters’s truck and headed for a sandbar…
2Cases cited17 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Trevino v. Celanese Corp.Court of Appeals for the Fifth Circuit · 1983
- Lillian Washington, Individually and as Administratrix of the Estate of Arsane Washington v. Armstrong World Industries, Inc.Court of Appeals for the Fifth Circuit · 1988
- Fowler Butane Gas Co. v. VarnerMississippi Supreme Court · 1962
12 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Neva SPELLMAN, Plaintiff-Appellant, v. Donna E. SHALALA, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1993
- Rosado v. DetersCourt of Appeals for the Fifth Circuit · 1993
- Leffler v. SharpMississippi Supreme Court · 2004
- Data Specialties, Inc. v. Transcontinental Insurance CompanyCourt of Appeals for the Fifth Circuit · 1997
- Ako Nose v. Attorney General of the United StatesCourt of Appeals for the Fifth Circuit · 1993
25 more not listed; retrieve them via the Exa API.