REYES V. MISSOURI PACIFIC RAILROAD COMPANY
589 F.2d 791 (5th Cir. 1979)
NATURE OF THE CASE: This was a personal injury action.
FACTS: Reyes (P) was run over by Missouri Pacific's (D) train shortly after midnight on
June 17, 1974. P was laying on the railroad tracks. P sued under diversity alleging
negligence for a failure to discover him and for running over him. D responded that P was
dressed in black clothing and was not visible until it was too late to stop. D also alleged
that P was intoxicated and had passed out on the tracks before the train had arrived. P made
a motion in limine to exclude evidence of his four prior misdemeanor convictions for public
intoxication. P failed and the convictions were discussed during trial. P was found to be
more negligent than D and P was precluded from recovery. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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