Hightower v. Kansas City Southern Railway Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• distinguishing Pitasi because the possibility remained for the plaintiff to rebut the defendant’s affirmative defense of comparative negligence with other evidence
• specific, individual hazard is \a unique occurrence which could lead to a specific and imminent collision\
• “Due to the very nature of the comparative negligence defense, it is inherently incapable of consideration separate and apart from the negligence claim to which it relates.”

Source: CourtListener parenthetical corpus (CC0).