Legal Opinion

Banks v. Chas. Kurz Co.

District Court, E.D. Pennsylvania

Decided February 11, 1947No. 225 of 1945PublishedCited by 4 opinions

1Opinion of the Court

KALODNER, Circuit Judge.

The Court disposed of the instant case on the pleadings and the evidence on November 18, 1946, amending certain findings on November 29, 1946. In the petition for reargument, which is the reason for this writing, the respondent asks reconsidera*1018tion of three issues: (1) The matter of agency; (2) the nature of the hire agreement; and (3) the application of the presumption of negligence against it. A decree in favor of the respondent or a new trial is requested.

I. Little discussion of the first point is required, for the Court is not disposed to change its opinion as to…

2Cases cited5 opinions

  1. Alpine Forwarding Co. v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
  2. Tomkins Cove Stone Co. v. Bleakley Transp. Co.Court of Appeals for the Third Circuit · 1930
  3. Cummings v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1930
  4. Waldie v. Steers Sand & Gravel CorporationCourt of Appeals for the Second Circuit · 1945
  5. Edward G. Murray Lighterage & Transp. Co. v. Pennsylvania R. R.Court of Appeals for the Second Circuit · 1942

3Cited by4 opinions

  1. Richmond Sand & Gravel Corp. v. Tidewater Const. Corp.Court of Appeals for the Fourth Circuit · 1948
  2. Houma Well Service, Inc. v. Tug Capt. O'BrienDistrict Court, E.D. Louisiana · 1970
  3. English Whipple Sailyard, Ltd. v. Yawl ArdentDistrict Court, W.D. Pennsylvania · 1978
  4. Robert W. Erlbacher and Mrs. Mabel Erlbacher, D/B/A Missouri Dry Dock & Repair Company v. Republic Homes CorporationCourt of Appeals for the Eighth Circuit · 1959

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