Legal Opinion
Birmingham v. Union Pacific Railroad
District Court, E.D. Arkansas
Decided June 18, 1997No. PB-C-96-573PublishedCited by 3 opinions
1Opinion of the Court
ORDER
WILSON, District Judge.
This case arises out of a highway-railroad crossing accident that occurred on June 28, 1995, at the Clemmons Road crossing located in Tamo, Jefferson County, Arkansas. Ms. Frances Birmingham’s (hereinafter “Plaintiff’) Complaint alleges that the Union Pacific Railroad Company (hereinafter “Defen dant”) was negligent for failing to identify the grade crossing involved in the collision as abnormally dangerous, failing to install active warning devices, failing to have a policy identifying abnormally dangerous crossings, and failing to provide adequate warning signals…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
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3Cited by3 opinions
- Alcorn v. Union Pacific RailroadSupreme Court of Missouri · 2001
- Baker v. Canadian National/Illinois Central Railway Co.District Court, S.D. Mississippi · 2005
- Union Pacific Railroad v. SharpSupreme Court of Arkansas · 1997