[Download] "Huth V. Southern Pacific Co." by United States Court of Appeals for the Fifth Circuit * Book PDF Kindle ePub Free
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eBook details
- Title: Huth V. Southern Pacific Co.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 07, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The sole question in this diversity case is whether a private contract between the Texas Highway Department and the Railroad*fn1 imposing on the Highway Department the duty to maintain the Railroad's right of way over a public highway crossing has the effect of absolving the Railroad from damages sustained by a member of the public as a consequence of a condition resulting from improper maintenance. On a jury verdict on special interrogatories*fn2 finding that the Railroad had a 50-foot right of way which it failed properly to maintain and that such negligence caused Huth's injuries, the Trial Court entered judgment against the Railroad. We agree and affirm.