Legal Opinion
Mert Stewart v. Texas and Pacific Railway Company
Court of Appeals for the Fifth Circuit
Decided May 23, 1960No. 18167_1PublishedCited by 7 opinions
1Opinion of the Court
RIVES, Chief Judge.
This appeal is from a judgment overruling the motion of the plaintiff below for a new trial. The action was under the Federal Employer’s Liability Act 1 for personal injuries received by the plaintiff while an employee of the defendant.
Plaintiff alleged that, while scooping gravel from between ties of the defendant’s railroad tracks, he injured his back when he struck with his scoop a hidden stake which had previously been driven into the ground and covered with gravel by other employees of the defendant. Plaintiff alleged that he was treated for his injuries for over a…
2Cases cited4 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- George W. Whiteman v. Elsoyd PitrieCourt of Appeals for the Fifth Circuit · 1955
- Cagle v. McQueen Texas Employers' Ins. Ass'n v. Gulf Oil Corp. McQueen v. Cagle. Gulf Oil Corp. v. CagleCourt of Appeals for the Fifth Circuit · 1953
- Phoenix Indemnity Company of New York v. Manning L. GirouardCourt of Appeals for the Fifth Circuit · 1958
3Cited by7 opinions
- United States of America, for the Use and Benefit of Weyerhaeuser Company v. Bucon Construction Company, Inc., and Travelers Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1970
- The Aquachem Company, Inc., a Florida Corporation v. Olin Corporation, a Virginia CorporationCourt of Appeals for the Eleventh Circuit · 1983
- Smith v. Shell Oil Co.Court of Appeals for the Fifth Circuit · 1984
- Herman Telfair v. Zim Israel Navigation Company, Limited, Defendant-Third-Party v. Luckenbach Steamship Company, Third-PartyCourt of Appeals for the Third Circuit · 1970
- Sherman Michael Smith v. Shell Oil Company, Defendant-Third Party v. Offshore Sanitation & Equipment Rental Services, Inc., Third Party Defendant-Appellant-Appellee, and Pressure Services, Inc., Third Party v. Western Wireline Services, Inc., Third Party Sherman Michael Smith, Plaintiffs-Appellees-Appellants, Cross-Appellants v. Shell Oil Company, Defendant-Third Party Plaintiff-Appellant-Cross-Appellee v. Pressure Services, Inc., Third Party Defendant-Appellant-Cross-Appellee, Western Wireline Service, Inc. And Offshore Sanitation and Equipment Rental Services, Inc., Third PartyCourt of Appeals for the Third Circuit · 1984
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