Legal Opinion

Charles W. Posey v. Clark Equipment Company

Court of Appeals for the Seventh Circuit

Decided June 4, 1969No. 16766PublishedCited by 36 opinions

1Opinion of the Court

FAIRCHILD, Circuit Judge.

Charles Posey brought this personal injury action against Clark Equipment Company. 1 Posey was injured at his employment while operating a fork-lift truck manufactured by Clark. He alleged negligence and strict liability in tort, as well as breach of warranty, a theory he no longer pursues. At the close of all the evidence, the district court directed a verdict for Clark. Posey has appealed.

Posey was operating the fork lift in a so-called high stack area of his employer’s warehouse. A carton in which a furnace was packed fell from the top of a stack, hit Posey, and…

2Cases cited4 opinions

  1. J. I. Case Co. v. SandefurIndiana Supreme Court · 1964
  2. Brandon v. Yale & Towne Manufacturing Co.District Court, E.D. Pennsylvania · 1963
  3. James Cletus Brandon v. Yale & Towne Manufacturing Co.Court of Appeals for the Third Circuit · 1965
  4. The Indiana National Bank of Indianapolis, Adiministrator of the Estate of Rudy R. Flanigan, Deceased v. De Laval Separator Co.Court of Appeals for the Seventh Circuit · 1968

3Cited by36 opinions

  1. Caterpillar, Inc. v. ShearsTexas Supreme Court · 1995
  2. Mrs. Frances Buckley Ward, Cross-Appellant v. The Hobart Manufacturing Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1971
  3. Bemis Co., Inc. v. RubushIndiana Supreme Court · 1981
  4. Joe A. Corbin and Marta C. Corbin v. Coleco Industries, Inc.Court of Appeals for the Seventh Circuit · 1984
  5. Jarrell v. Monsanto Co.Indiana Court of Appeals · 1988

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