Legal Opinion

St. Louis S. W. Ry. Co. v. Davis

Court of Appeals for the Fifth Circuit

Decided July 27, 1953No. 14405PublishedCited by 8 opinions

1Opinion of the Court

STRUM, Circuit Judge.

This is an appeal from a judgment awarding damages to the plaintiff below, appellee here, for personal injuries suffered by him when the end gate of a “drop end,” gondola type, railroad car fell inward upon the plaintiff, crushing his right leg and inflicting extensive and permanent injuries. 1

The end gate, made of metal and weighing several hundred pounds, forms the end of the body of the car. It is hinged at the bottom, and is normally held in a vertical position by heavy metal latches at the top which prevent the gate from falling inward, while the frame of the car…

2Cases cited3 opinions

  1. Chicago, R. I. & P. R. v. McClanahanCourt of Appeals for the Fifth Circuit · 1949
  2. Jacob v. Illinois Cent. R.Supreme Court of Louisiana · 1913
  3. Franklin v. Illinois Cent. R. Co.Louisiana Court of Appeal · 1943

3Cited by8 opinions

  1. United States v. Mississippi Valley Barge Line Company, Mississippi Valley Barge Line Company v. United States Fo AmericaCourt of Appeals for the Eighth Circuit · 1960
  2. Alfred Griffin v. Missouri Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1969
  3. Charles Stark, Plaintiff-Appellant-Cross v. Shell Oil Company v. Highlands Insurance Company, Intervenor-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1971
  4. Davenport v. Loket Sanders Paper Co.Louisiana Court of Appeal · 1973
  5. Marcantel v. Southwestern Pipe, Inc.District Court, W.D. Louisiana · 1965

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