Legal Opinion
Foreman v. Texas & New Orleans R. Co
Court of Appeals for the Fifth Circuit
Decided June 12, 1953No. 14317_1PublishedCited by 13 opinions
1Opinion of the Court
HUTCHESON, Chief Judge.
Brought under the Federal Employers’ Liability Act, 1 by the widow of deceased, as administratrix, the suit was for damages for the death of her husband resulting from his being struck by a freight train belonging to defendant.
The claim was: that while deceased, as section foreman in charge of a motor car and crew, was traveling westerly on defendant’s railroad track, he observed a freight train coming easterly on the same track; and that in attempting to stop the oncoming train by flagging it down with his hat, he was run over by the train and killed as the proximate…
2Cases cited3 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Texas & Pacific Railway Co. v. BighamTexas Supreme Court · 1896
- Brush Electric Light & Power Co. v. LefevreTexas Supreme Court · 1900
3Cited by13 opinions
- Crane v. Consolidated Rail Corp.Court of Appeals for the Second Circuit · 1984
- Gloria L. Schrader v. Prudential Insurance Company of AmericaCourt of Appeals for the Fifth Circuit · 1960
- Graham v. Atlantic Coast Line R. Co.Supreme Court of North Carolina · 1954
- Smith v. Southern Pacific Co.California Court of Appeal · 1956
- Atlantic Coast Line Railroad Company v. Beatrice A. Anderson, as Administratrix of the Estate of Charles Arthur Anderson, Jr., DeceasedCourt of Appeals for the Fifth Circuit · 1955
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