Legal Opinion
Lillie Mozell Shirey and Ernest D. Shirey v. Louisville & Nashville Railroad Company
Court of Appeals for the Fifth Circuit
Decided January 28, 1964No. 20348_1PublishedCited by 27 opinions
1Opinion of the Court
RIVES, Circuit Judge.
This appeal is from a summary judgment for the defendant. The district court held that there was no genuine issue as to any material fact and that the defendant was entitled to judgment as a matter of law1 for two reasons: 1) There was no substantial evidence of any negligence on the part of the defendant which was a proximate cause of plaintiff’s injury; 2) the plaintiff was guilty of contributory negligence as a matter of law.2
Two sets of the defendant’s railroad tracks run in a north and south direction down the center of Tarragona Street in the City of Pensacola,…
2Cases cited20 opinions
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Gunning v. CooleySupreme Court of the United States · 1930
- Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962
- Simler v. ConnerSupreme Court of the United States · 1963
15 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Adam G. Nunez v. The Superior Oil CompanyCourt of Appeals for the Fifth Circuit · 1978
- Helene Curtis Industries, Inc. And Cosmair, Inc. v. Edd Pruitt and Marjorie Ann PruittCourt of Appeals for the Fifth Circuit · 1968
- Ellis v. Weasler Engineering Inc.Court of Appeals for the Fifth Circuit · 2001
- Planters Manufacturing Company v. Protection Mutual Insurance CompanyCourt of Appeals for the Fifth Circuit · 1967
22 more not listed; retrieve them via the Exa API.