Legal Opinion

Texas & Pacific Ry. Co. v. Black

Court of Appeals for the Fifth Circuit

Decided July 27, 1953No. 14397_1PublishedCited by 3 opinions

1Opinion of the Court

STRUM, Circuit Judge.

This is an action to recover the value of a Reo truck alleged to have been destroyed by the negligence of the appellant railway, which was defendant below.

Between 5:30 and 5:45 p. m. on January 8, 1951, defendant’s train consisting of 46 cars of bananas and a caboose, drawn by a steam locomotive, was proceeding westerly from downtown New Orleans at a speed of about 16 miles per hour, along the main line track of the New Orleans Public Belt Line, which at the point in question runs in an east-west direction through a thickly populated industrial and residential area.

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2Cases cited7 opinions

  1. Jackson v. CookSupreme Court of Louisiana · 1938
  2. Rottman v. BeverlySupreme Court of Louisiana · 1935
  3. Tillman v. Public Belt R. R. CommissionLouisiana Court of Appeal · 1949
  4. Cheek v. ThompsonDistrict Court, W.D. Louisiana · 1939
  5. Griffin v. ThompsonLouisiana Court of Appeal · 1942

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3Cited by3 opinions

  1. Gaylord Container Corporation and Liberty Mutual Insurance Company v. Charley MileyCourt of Appeals for the Fifth Circuit · 1956
  2. Spiers v. Consolidated Companies, Inc.Louisiana Court of Appeal · 1960
  3. Gaylord Container Corporation and Liberty Mutual Insurance Company v. Charley MileyCourt of Appeals for the Fifth Circuit · 1956

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