Legal Opinion

Chicago, Rock Island and Pacific Railroad Company, a Corporation v. Claudine McFarlin and Leonard McFarlin

Court of Appeals for the Tenth Circuit

Decided August 28, 1964No. 7650_1PublishedCited by 9 opinions

1Opinion of the Court

PICKETT, Circuit Judge.

This is a railroad crossing accident case brought by Claudine McFarlin and her husband, Leonard, to recover damages for injuries sustained by Mrs. Mc-Farlin resulting from a collision between an automobile which she was driving, and a Chicago, Rock Island and Pacific Railroad train. The railroad appeals from a judgment in favor of the Mc-Farlins. The determinative question is whether, under New Mexico law, Mrs. McFarlin was guilty of contributory negligence which would bar recovery for her injuries. It is our view that Mrs. Mc-Farlin was guilty of contributory…

2Cases cited9 opinions

  1. Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
  2. Landers v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Supreme Court · 1961
  3. Brim v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1932
  4. Morehead v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1921
  5. Blewett v. BarnesNew Mexico Supreme Court · 1957

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Chicago, Rock Island and Pacific Railway Company, a Foreign Corporation v. Thomas W. Howell and Dorothy Howell, His WifeCourt of Appeals for the Tenth Circuit · 1968
  2. Manuel L. Kiner v. Lyla Lee NorthcuttCourt of Appeals for the Tenth Circuit · 1970
  3. Union Pacific Railroad Company, a Utah Corporation v. Jimmie Rex LumbertCourt of Appeals for the Tenth Circuit · 1968
  4. Constructors Assoc. of Western PA. v. KrepsDistrict Court, W.D. Pennsylvania · 1977
  5. John Gutierrez and Beatrice Gutierrez v. Union Pacific Railroad CompanyCourt of Appeals for the Tenth Circuit · 1966

4 more not listed; retrieve them via the Exa API.

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