Legal Opinion
Louise Abernathy, Ind., and as Next Friend of Lowell K. Abernathy, a Minor v. Southern Pacific Company
Court of Appeals for the Fifth Circuit
Decided June 5, 1970No. 28434PublishedCited by 18 opinions
1Opinion of the Court
CLARK, Circuit Judge.
This diversity action arises from an automobile-train crossing collision in which plaintiff’s husband, who was driving the car, was killed and her son, the sole passenger, was injured. A jury trial resulted in a verdict in favor of Mrs. Abernathy against Southern Pacific Railroad totaling 115,000 dollars on her own behalf and 55,000 dollars for her son. Finding no reversable error in the legal and evidentiary process by which the liability of Southern Pacific was determined by the jury, we affirm, subject to remittitur of certain amounts awarded to Mrs. Abernathy and her…
2Cases cited8 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Ford v. Panhandle & Santa Fe Railway Co.Texas Supreme Court · 1952
- Loffland Brothers Company v. Everett B. Roberts, O. D. Casing Crews, Inc. v. Continental Oil CompanyCourt of Appeals for the Fifth Circuit · 1968
- Gulf, Colorado & Santa Fe Railroad Co. v. ParmerCourt of Appeals of Texas · 1965
- Southland Greyhound Lines, Inc. v. RichardsCourt of Appeals of Texas · 1934
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
- Peter Joseph Caldarera, Jr., Etc. v. Eastern Airlines, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
- Emeilia Cann and Charles Cann v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1981
- Tights, Inc. v. Acme-Mccrary Corporation, and Orin R. YorkCourt of Appeals for the Fourth Circuit · 1976
- Richard T. Wood, Cross-Appellant v. Diamond M Drilling Company and Diamond M International Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1982
13 more not listed; retrieve them via the Exa API.