Legal Opinion
Dunn v. St. Louis-San Francisco Railway Co.
Court of Appeals for the Tenth Circuit
Decided December 12, 1966No. Nos. 8318, 8319PublishedCited by 43 opinions
1Opinion of the Court
ALDRICH, Circuit Judge:
This grade crossing case in which the jury found for the railroad raises important practice questions under F.R.Civ.P. 51. The individual plaintiff is the legal representative of a passenger in a truck, owned by the corporate plaintiff, which was driven into the side of a boxcar that was either standing, or just stopping, halfway across the roadway. The time was night. Admittedly a wigwag flasher was not functioning, but, also admittedly, a trainman was standing in the road, on the truck’s side, waving an electric lantern. The road, which led down from a hill, presented…
2Cases cited13 opinions
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Marshall v. NugentCourt of Appeals for the First Circuit · 1955
- Downie v. PowersCourt of Appeals for the Tenth Circuit · 1951
- Franklin v. SheltonCourt of Appeals for the Tenth Circuit · 1957
- Charles A. Wright, Inc. v. F. D. Rich Co., IncorporatedCourt of Appeals for the First Circuit · 1966
8 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Fed. Sec. L. Rep. P 94,437 Hetty Fey v. Walston & Co., Inc., and Robert A. SpiraCourt of Appeals for the Seventh Circuit · 1974
- United States v. Ronald Leaching, United States of America v. Jerome TremontCourt of Appeals for the First Circuit · 1970
- Fox v. Ford Motor Co.Court of Appeals for the Tenth Circuit · 1978
- Joseph Morris, Plaintiffs,-Appellees v. Anthony P. TravisonoCourt of Appeals for the First Circuit · 1976
- United States v. Darryl K. WrightCourt of Appeals for the Seventh Circuit · 1976
38 more not listed; retrieve them via the Exa API.