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6 Texas opinions name it 2 courts 1958–2024 3 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sprietsma v. Mercury Marinegreen2 sentences2024Oct. 29, 2014) (pet. for declaratory order) (holding that plaintiffs’ common-law tort claims, arising from railroad’s failure to provide adequate drainage on tracks that damaged adjacent property during flood, were preempted under ICCTA). 9 Given the STB’s view, holding that ICCTA preempts plaintiffs’ common-law negligence theory regarding the humped crossing would likely leave them without a forum to adjudicate that theory, effectively granting the railroad immunity from any negligence regarding the hump. “[U]nlike most administrative and legislative regulations,” state-law tort claims “neces 2024Oct. 29, 2014) (pet. for declaratory order) (holding that plaintiffs’ common-law tort claims, arising from railroad’s failure to provide adequate drainage on tracks that damaged adjacent property during flood, were preempted under ICCTA). 9 Given the STB’s view, holding that ICCTA preempts plaintiffs’ common-law negligence theory regarding the humped crossing would likely leave them without a forum to adjudicate that theory, effectively granting the railroad immunity from any negligence regarding the hump. “[U]nlike most administrative and legislative regulations,” state-law tort claims “neces | 3 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lawrence Albert v. Maine Central Railroad Company
green
1 sentence1992Albert, 905 F.2d at 544 . | 1 | 1992–1992 |
Stitt v. Locomotive Engineers' Mutual Protective Ass'n
green
2 sentences1979We have not found any Texas authority in point; however, the case which has a fact *891 situation nearest to the one at bar seems to be the old Michigan case of Stitt v. Locomotive Engineers’ Mutual Protective Ass’n, 177 Mich. 207 , 142 N.W. 1110 (1913). 1979We have not found any Texas authority in point; however, the case which has a fact *891 situation nearest to the one at bar seems to be the old Michigan case of Stitt v. Locomotive Engineers’ Mutual Protective Ass’n, 177 Mich. 207 , 142 N.W. 1110 (1913). | 1 | 1979–1979 |
Texas Textile Mills v. Gregory
green
2 sentences1958Appellants do not take issue with the law as announced in the above case, but argue that Texas Textile Mills v. Gregory, 1944, 142 Tex. 308 , 177 S.W.2d 938, 939 , is more in point, and controlling. 1958Appellants do not take issue with the law as announced in the above case, but argue that Texas Textile Mills v. Gregory, 1944, 142 Tex. 308 , 177 S.W.2d 938, 939 , is more in point, and controlling. | 1 | 1958–1958 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.