Barnhill v. Texas & P. Ry. Co.
Citations
- 109 La. 43
- 33 So. 63
- 1902 La. LEXIS 106
Syllabus
<p>RAILROADS — ACCIDENT AT CROSSING.</p> <p>1.One who reaches a railway crossing on a public highway is under the duty to stop, look and listen,, and if a train be approaching it is his further duty to so act as to minimize the danger and insure his safety, if possible, under the circumstances and conditions then confronting him.</p> <p>2. The party who has the last clear opportunity of avoiding an • accident, must, notwithstanding the negligence of his opponent, avail himself of that opportunity.</p> <p>3. The greater the difficulty of seeing- and hearing the train as he approaches a crossing, the greater caution the law imposes upon the traveler.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding several states implemented “Illinois Brick repealer statutes” that “allow recovery by indirect purchasers under state law”
- dismissing antitrust claims by indirect purchasers under the laws of Utah “arising from conduct that predated the states’ enactment of Illinois Brick repealer provisions”
- dismissing for lack of Article III and antitrust standing when an opt- out plaintiff failed to allege purchases causing injury
- observing a number of states have enacted so-called “Illinois Brick repealer statutes”
- “Defendants committed an overt act in furtherance of the conspirac[y] each time they sold an Auto Part to an OEM”
Source: CourtListener parenthetical corpus (CC0).
Judges: Blanchard, Breaux, Decree
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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