Legal Opinion
Seaboard Air Line Railroad Company v. George F. McCourt Trucking, Inc.
Court of Appeals for the Fifth Circuit
Decided April 20, 1960No. 17783_1PublishedCited by 28 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
The question here is whether, by res judicata or estoppel by judgment, a consent judgment against a railroad in a prior action by survivors of a truck driver operates as a bar in favor of the driver’s employer, the truck company, when it is sued for damage to railroad property. The District Court held that it was a bar. We disagree and reverse.
The judgment appealed from recites that it was on the pleadings. But in actuality the judgment roll in the prior suit was fully authenticated and by stipulation and consent the District Court considered the matter on the…
2Cases cited14 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- Russell v. PlaceSupreme Court of the United States · 1877
- United States v. International Building Co.Supreme Court of the United States · 1953
- Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978
- Anderson, Clayton & Co., Plaintiff-Appellee-Cross-Appellant v. United States of America, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- Rodriguez v. East Texas Motor FreightCourt of Appeals for the Fifth Circuit · 1974
- Lloyd L. Hayes, Hayes, Inc. v. T. G. Solomon, Gulf States Theatres, Inc.Court of Appeals for the Fifth Circuit · 1979
- Southern Pacific Communications Company v. American Telephone & Telegraph CompanyCourt of Appeals for the D.C. Circuit · 1984
23 more not listed; retrieve them via the Exa API.