[DOWNLOAD] "White V. Southern Railway Co." by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: White V. Southern Railway Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 27, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This case arises from a bizarre and tragic 1987 accident in which plaintiff, Kenneth F. White, concedes that he lay down between the rails of a track on which defendant, Southern Railway, operated, and was run over by the engine of a Southern train in Newport, Tennessee, rendering him a paraplegic. The district court had jurisdiction of this case by reason of diversity of citizenship. Plaintiff's theory*fn1 was that defendant had the last clear chance to avoid the accident and to avoid hitting him had the railroad employees operating the train kept a proper lookout on October 10 at "about 6:30 in the evening," and stopped the locomotive in time. White, who earlier that afternoon had been released from the local jail, had spent some time in a bar and several bottles of beer were found at the scene of the accident. Nowhere in the complaint does plaintiff allude to drunkenness or intoxication. Defendant's answer states, however, that "intoxication" is more appropriate than the word "unconscious" with respect to plaintiff's state at the time of the accident.