Rhode v. Duff
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Nebraska; Thomas C. Munger, Judge. Action at law by John G. Rhode against Ralph A. Duff and the R. A. Duff Company. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
WILLARD, District Judge.
The court below directed a verdict for Duff, who was the defendant below, on the ground that when the plaintiff fell into the cellar in the defendant’s garage he was there as a mere licensee. The claim of the plaintiff was that he was there as á customer, or by implied invitation.
[ 11 The evidence showed the following facts: Paul, a young man of about plaintiff’s age, having nothing to do at home and finding it dull, about 7 o’clock p. m. on January 11, 1911, made up a pleasure *116party and decided to go to Nebraska City in his automobile, to get some wire for the…
2Cases cited16 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Faris v. HobergIndiana Supreme Court · 1893
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Benson v. Baltimore Traction Co.Court of Appeals of Maryland · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Keeran v. Spurgeon Mercantile Co.Supreme Court of Iowa · 1922
- Jacob Laub Baking Co. v. MiddletonOhio Supreme Court · 1928
- Henry H. Cross Co. v. SimmonsCourt of Appeals for the Eighth Circuit · 1938
- Spies v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1918
- Smith v. Seattle School District No. 1Washington Supreme Court · 1920
9 more not listed; retrieve them via the Exa API.