Southern Pacific Transportation Co. v. Smith Material Corporation

REAVLEY, Circuit Judge:

This diversity case, Texas law controlling, concerns a collision between a truck and a train. Southern Pacific Transportation Co. (“Southern Pacific”) and the National Railroad Passenger Corp. (“Amtrak”), acting as a single entity, sued Smith Material Corp. (“Smith”) for damages to its train tracks and cars when a truck driven by a Smith employee collided with the train at a railroad crossing. Smith counterclaimed for damages to its truck. The jury apportioned fault, finding Smith responsible for 75 per cent of the negligence proximately causing the collision, Amtrak…