Legal Opinion
Tipton v. Barge
Court of Appeals for the Fourth Circuit
Decided April 9, 1957No. 7349PublishedCited by 6 opinions
1Opinion of the Court
GILLIAM, District Judge.
This action at common law alleging negligence of defendants and resulting injuries was dismissed at the close of plaintiff’s evidence and plaintiff appealed. At the conclusion of the plaintiff’s evidence, the District Judge granted the defendants’ motion to dismiss, as provided by Rule 41(b), Fed.Rules Civ.Proc. 28 U.S.C.A. “on the ground that upon the facts and the law the plaintiff (had) shown no right to relief”. Since this action was tantamount to a rendition of “judgment on the merits against the plaintiff”, the Court below made findings as provided in Rule 52(a),…
2Cases cited24 opinions
- Jones v. Florida Power Corp.Supreme Court of Florida · 1954
- Hard v. Hollywood Turf ClubCalifornia Court of Appeal · 1952
- Petty v. Cranston Print Works CompanySupreme Court of North Carolina · 1956
- Doane v. E. I. Dupont De Nemours & Co. (Inc.)Court of Appeals for the Fourth Circuit · 1954
- Dennis v. City of AlbemarleSupreme Court of North Carolina · 1955
19 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pichler v. Pacific Mechanical ConstructorsCourt of Appeals of Washington · 1969
- Gilbert Dalldorf v. Higgerson-Buchanan, Inc., Gilbert Dalldorf v. Higgerson-Buchanan, Inc.Court of Appeals for the Fourth Circuit · 1968
- Zocco v. United States, Department of the ArmyDistrict Court, E.D. North Carolina · 1992
- Pinckney v. United StatesDistrict Court, E.D. North Carolina · 1987
- Tipton v. BargeCourt of Appeals for the Fourth Circuit · 1957
1 more not listed; retrieve them via the Exa API.