Atkins v. Schmutz Manufacturing Co.
District Court, S.D. West Virginia
1Opinion of the Court
OPINION and JUDGMENT
DALTON, Chief Judge.
This personal injury suit is brought to the court upon a jurisdictional basis of diversity of citizenship, and amount in controversy in excess of $10,000. The clearest way to present the issue before this court, is to begin with an examination of the facts.
Plaintiff, Donald T. Atkins, was injured on June 22, 1961, at South Boston, *407Virginia when he was caught in a machine manufactured and sold by defendant, Schmutz Manufacturing Company, Inc. The injury necessitated amputation of both of plaintiff’s feet and the plaintiff spent a long period of time in…
2Cases cited12 opinions
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Hawks v. DeHartSupreme Court of Virginia · 1966
- Bickle v. Chrisman's Adm'xSupreme Court of Virginia · 1882
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3Cited by2 opinions
- Donald L. Atkins v. Schmutz Manufacturing Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1970
- Donald L. Atkins v. Schmutz Manufacturing Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1970