Legal Opinion
Martz v. Miller Brothers Company
District Court, D. Delaware
Decided July 30, 1965No. Civ. A. 2647PublishedCited by 28 opinions
1Opinion of the Court
CALEB M. WRIGHT, Chief Judge.
There are two motions before the court: one is plaintiff’s motion seeking leave to amend his complaint and the other is defendant’s motion for summary judgment. The facts which give rise to these two motions will be set out at some length because, although one single determination is the key to both motions, courts have arrived at conflicting answers based upon slight variations in facts.
On April 7, 1961, James W. Martz, Jr., suffered injuries when some cement and ceiling material fell while he was passing on a sidewalk adjacent to Miller Brothers’ furniture store…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- New York Central & Hudson River Railroad v. KinneySupreme Court of the United States · 1922
- United States v. A. H. Fischer Lumber Co.Court of Appeals for the Fourth Circuit · 1947
- Nelson v. Glenwood Hills Hospitals, Inc.Supreme Court of Minnesota · 1953
- Adams v. Beland Realty CorporationDistrict Court, E.D. New York · 1960
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Texie G. Carr v. The Veterans Administration, and J. G. ThompsonCourt of Appeals for the Fifth Circuit · 1975
- Ingram v. KumarCourt of Appeals for the Second Circuit · 1978
- Malcolm Simmons and Doris Simmons v. Teresa D. Fenton and James L. GarrisonCourt of Appeals for the Seventh Circuit · 1973
- Glen Graves v. General Insurance Corporation, a Foreign CorporationCourt of Appeals for the Tenth Circuit · 1969
- Servatius v. United Resort Hotels, Inc.Nevada Supreme Court · 1969
23 more not listed; retrieve them via the Exa API.