Legal Opinion

Stevenson v. Missouri Pacific Railroad

District Court, E.D. Arkansas

Decided September 21, 1971No. LR-71-C-147PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER OF DISMISSAL

HENLEY, Chief Judge.

On motion of plaintiff, filed after issue joined, to dismiss the complaint in subject diversity case without prejudice, which motion is resisted by defendant.

The suit arises out of an automobile accident that occurred in close proximity to the tracks of the defendant, Missouri Pacific Railroad Company, in Faulkner County, Arkansas. It is the theory of the plaintiff that as she was undertaking to traverse a grade crossing in her car, one.of the defendant’s trains approached in such a manner that she was required to attempt to “get out of the…

2Cases cited2 opinions

  1. HOME OWNERS'LOAN CORPORATION v. HuffmanCourt of Appeals for the Eighth Circuit · 1943
  2. Kennedy v. State Farm Mutual Automobile InsuranceDistrict Court, E.D. Arkansas · 1969

3Cited by9 opinions

  1. American National Bank And Trust Company Of Sapulpa v. Bic CorporationCourt of Appeals for the Tenth Circuit · 1991
  2. Moore v. Interstate Fire InsuranceDistrict Court, S.D. Mississippi · 1989
  3. Draper v. Paul N. Gardner Defined Plan TrustSupreme Court of Delaware · 1993
  4. Lang v. Manufacturers & Traders Trust Co.District Court, D. Maryland · 2011
  5. York v. Ferris State UniversityDistrict Court, W.D. Michigan · 1998

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