Legal Opinion
Leroy Warren Kinchen, and North-West Insurance Co., Plaintiff-Intervenor-Appellant v. Missouri Pacific Railroad Company
Court of Appeals for the Fifth Circuit
Decided June 18, 1982No. 81-3262PublishedCited by 3 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
Railroads are not always liable. Nor does every railroad-crossing case have to be submitted to the jury. This is one case when the facts are so clear that the integrity of the law requires this court to uphold the trial judge’s decision to dismiss on a motion for a directed verdict.
Leroy Warren Hinchen appeals a district court order denying him compensation for personal injuries sustained when the defendants railroad train struck the pickup truck he was driving. Under Louisiana law, a finding of contributory negligence bars recovery in a negligence action. We hold that…
2Cases cited19 opinions
- Arceneaux v. DomingueSupreme Court of Louisiana · 1978
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Grigsby v. Coastal Marine Service of Texas, Inc.Court of Appeals for the Fifth Circuit · 1969
- Reeves v. Louisiana and Arkansas Railway CompanySupreme Court of Louisiana · 1973
- Gasquet v. Commercial Union Ins. Co.Louisiana Court of Appeal · 1980
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3Cited by3 opinions
- Butler v. Intersouth PipelineDistrict Court, M.D. Louisiana · 1986
- Kinchen v. Missouri Pacific R. CoCourt of Appeals for the Fifth Circuit · 1982
- Leroy Warren Kinchen, and North-West Insurance Co., Plaintiff-Intervenor-Appellant v. Missouri Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1982