Legal Opinion

Fricks v. Louisville & Nashville Railroad

District Court, N.D. Georgia

Decided December 23, 1968No. Civ. A. No. 11374PublishedCited by 5 opinions

1Opinion of the Court

ORDER

EDENFIELD, District Judge.

In this diversity action for damages resulting from a collision of an automobile and a train, defendant Louisville & Nashville Railroad Company (L & N) moves for summary judgment on the ground that the plaintiff has sued the wrong defendant. If granted, plaintiff’s action would now be barred by the statute of limitations.

It is undisputed that the defendant L & N is authorized to and does operate a railroad within the State of Georgia and that its train and its employees were involved in the collision complained of. Part of its operations, however, are carried on…

2Cases cited7 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
  3. United States v. A. H. Fischer Lumber Co.Court of Appeals for the Fourth Circuit · 1947
  4. Copeland Motor Co. v. General Motors Corp.Court of Appeals for the Fifth Circuit · 1952
  5. Ben N. Gifford v. Wichita Falls & Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1955

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

3Cited by5 opinions

  1. Ingram v. KumarCourt of Appeals for the Second Circuit · 1978
  2. Ingram v. KumarCourt of Appeals for the Second Circuit · 1978
  3. Hedlund v. Ford Marketing Corp.Court of Appeals of Arizona · 1981
  4. Hedlund v. Holmes Tuttle Broadway Ford, Inc.Court of Appeals of Arizona · 1981
  5. The Strauss Company, Inc. v. Jarrett Builders, Inc.United States Bankruptcy Court, E.D. Tennessee · 2021

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