Legal Opinion

Texas & Pacific Railway Company v. Mrs. Gladys Mayeaux Laborde

Court of Appeals for the Fifth Circuit

Decided August 11, 1958No. 17174PublishedCited by 9 opinions

1Opinion of the Court

HUTCHESON, Chief Judge.

The suit was for damages resulting from a collision occurring at a railroad crossing of a dirt and gravel road, known as the O’Neal crossing, between plaintiff’s automobile and a freight train belonging to, and under the control of, defendant.

The claims of negligence were: maintaining the right-of-way at and around the crossing in such manner that the view of the track was obstructed and persons using the gravel road could not see up and down the tracks; 1 the failure to operate the train at a reasonable speed; the failure to sound timely warning signals; and the…

2Cases cited36 opinions

  1. Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
  2. Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
  3. Maryland Casualty Co. v. ReidCourt of Appeals for the Fifth Circuit · 1935
  4. Barnhill v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1902
  5. Matthews v. New Orleans Terminal Co.Louisiana Court of Appeal · 1950

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3Cited by9 opinions

  1. Lionel Burdis v. The Texas & Pacific Railway Company, Commercial Union Insurance Company, IntervenorCourt of Appeals for the Fifth Circuit · 1978
  2. Merrill P. Stacey and Jean C. Stacey v. Illinois Central RailroadCourt of Appeals for the Fifth Circuit · 1974
  3. Missouri Pacific Railroad Company v. John Soileau, Guardian Ad Litem and Next Friend for the Minors, Geneva Soileau And, Doris, ManuelCourt of Appeals for the Fifth Circuit · 1959
  4. Commercial Insurance Company of Newark, New Jersey v. A. B. Ferguson, and Maryland Casualty Company, IntervenorCourt of Appeals for the Fifth Circuit · 1961
  5. Jenkins v. HarperLouisiana Court of Appeal · 1969

4 more not listed; retrieve them via the Exa API.

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