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Torts Keyed to Duncan
Perkins v. Texas and New Orleans Ry. Co.
Citation:243 La. 829, 147 So.2d 646 (1962)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Tanner Perkins was killed when the automobile he was in was hit by a train that was traveling 12 miles per hour over the speed limit. Perkins’ wife (plaintiff) sued the owner of the train, Texas & New Orleans R.R. Co. (defendant), arguing that the train’s excessive speed negligently caused the accident. The defendant argued the excessive speed was not the cause-in-fact of the accident, because the accident still would have occurred even if the train was traveling at the appropriate speed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.
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