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Torts Keyed to Franklin
Pokora v. Wabash Railway Co.
Citation:Supreme Court of the United States, 1934. 292 U.S. 98, 54S. Ct. 580, 78 L.Ed. 1149.
ProfessorMelissa A. Hale
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- 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.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- 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:
The Plaintiff(Pokora) was driving his truck across four railroad tracks owned by the defendant(Wabash Railway Co.). There were two switch tracks and two main tracks. There were box cars coming on the switch track and he moved past that listened for another train heard nothing and proceeded across the main track. While crossing the main track he was hit by a train going north. Based on the facts there is no way Pokora knew a train was coming on the main track.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.