Perricone v. Kansas City Southern Railway Co.

630 F.2d 317 (1980)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Perricone v. Kansas City Southern Railway Co.

United States Court of Appeals for the Fifth Circuit
630 F.2d 317 (1980)

Facts

Luke Perricone (plaintiff) was injured after he drove over a railroad crossing owned by Kansas City Southern Railway Company (railroad) (defendant). Perricone brought suit, contending that the railroad failed to keep the crossing in a safe condition. In a previous case against the railroad involving the same crossing, H. J. Fontenot had testified that the crossing was not safe. Perricone was unable to locate Fontenot. Thus, at the trial in Perricone’s case, Perricone introduced Fontenot’s prior testimony. The district-court judge admitted Fontenot’s prior testimony. Subsequently, the jury ruled in favor of Perricone. After the verdict was delivered, an agent of the railroad attempted to locate Fontenot. In two hours, Fontenot was found about a mile from the courthouse. The railroad filed a motion for a new trial, which was denied by the district-court judge. The railroad appealed.

Rule of Law

Issue

Holding and Reasoning (Coleman, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership