Legal Opinion
Leoda Newport v. Cincinnati, New Orleans and Texas Pacific Railway, a Division of Southern Railway
Court of Appeals for the Sixth Circuit
Decided February 5, 1975No. 74--1782PublishedCited by 3 opinions
1Opinion of the Court
McCREE, Circuit Judge.
This is an appeal from the denial of a motion for judgment notwithstanding the verdict or in the alternative for a new trial, entered after the jury returned a verdict for plaintiff-appellee in the amount of $55,000. Jurisdiction is based on diversity of citizenship, and the law of Tennessee applies.
The case arises out of a railroad crossing accident in which plaintiff’s decedent was killed. On January 14, 1970, shortly before 4 p. m., Leland Newport, a resident of Scott County, Tennessee, was driving his truck in a westerly direction on Carson Road, a public road in…
2Cases cited5 opinions
- Osborn v. City of NashvilleTennessee Supreme Court · 1945
- Southern Ry. Co. v. HutsonTennessee Supreme Court · 1936
- Doane Agricultural Service, Inc., Reynold K. Hughes, Dba Fayette Stock Farm v. A. W. ColemanCourt of Appeals for the Sixth Circuit · 1958
- Fluckey v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1917
- Maxwell v. Western-Atlantic RailroadDistrict Court, E.D. Tennessee · 1967
3Cited by3 opinions
- Harper v. Grundy Motel Co.District Court, E.D. Tennessee · 1978
- Kevin Thomas and Cecelia Thomas v. Csx Transportation, Inc.Court of Appeals for the Sixth Circuit · 1992
- Tennie Martin and Roya Mitchell, Co-Personal Representatives of the Estate of Kathryn Martin, and Tennie Martin and Roy A. Mitchell v. NorFolk Southern Railway CompanyCourt of Appeals of Tennessee · 2007