Legal Opinion
Bruskas v. Railway Express Agency, Inc.
Court of Appeals for the Tenth Circuit
Decided February 7, 1949No. 3688PublishedCited by 5 opinions
1Opinion of the Court
MURRAH, Circuit Judge.
James Bruskas, a minor, by Peter D. Bruskas, his father and next friend, and Peter D. Bruskas, individually, brought this suit against the Railway Express Agency, for damages sustained when a firework, known as a “whistling grenade” exploded in the hand of the minor James Bruskas, allegedly caused by the Express Agency’s negligence in delivering fireworks to a thirteen year old consignee. Jurisdiction is based upon diversity of citizenship and requisite amount in- controversy, both of which are present. Upon a trial without a jury, the court absolved the Express Agency…
2Cases cited12 opinions
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- Danciger v. CooleySupreme Court of the United States · 1919
- O'KELLEY v. United StatesCourt of Appeals for the Eighth Circuit · 1941
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3Cited by5 opinions
- United Shoe Workers of America, Afl-Cio v. Catherine Bedell, ChairmanCourt of Appeals for the D.C. Circuit · 1974
- United States v. Dennis E. PrybaCourt of Appeals for the D.C. Circuit · 1974
- Montgomery Ward & Co. v. Northern Pacific Terminal Co.District Court, D. Oregon · 1953
- United States v. CapraDistrict Court, S.D. New York · 1973
- Quaker City Motor Parts Co. v. Inter-State Motor Freight SystemDistrict Court, E.D. Pennsylvania · 1957