Legal Opinion
Clifford H. Robbins v. Milner Enterprises, Inc.
Court of Appeals for the Fifth Circuit
Decided April 18, 1960No. 18144PublishedCited by 45 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge,
Th.e immediate question is whether summary judgment for defendant in a Mississippi diversity case was properly entered on the theory that the facts showed without a substantial likelihood 0f contradiction that the plaintiff had assumed the risk of operating an automobile with faulty brakes.^ F.R.Civ. Proc. 56, 28 U.S.C.A. We think not and reverse.
Robbins, the plaintiff, was a sergeant in the United States Army. He was a skilled driver and, indeed, at the time of his accident, was en route to another Mississippi city where he was to conduct written driver…
2Cases cited12 opinions
- Bruce Construction Corporation v. United States of America for Use of Westinghouse Electric Supply CompanyCourt of Appeals for the Fifth Circuit · 1957
- Prince Heyward v. Public Housing AdministrationCourt of Appeals for the Fifth Circuit · 1956
- Inglett & Company, Inc. v. Everglades Fertilizer Company, Inc.Court of Appeals for the Fifth Circuit · 1958
- Norman Millet v. Godchaux Sugars, Inc.Court of Appeals for the Fifth Circuit · 1957
- Beverly Carss v. Outboard Marine CorporationCourt of Appeals for the Fifth Circuit · 1958
7 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Newell Companies, Inc. v. Kenney Manufacturing Company, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1989
- George A. Lies v. Farrell Lines, Inc. And Does One Through Ten, InclusiveCourt of Appeals for the Ninth Circuit · 1981
- Vera Croley, Etc. v. Matson Navigation Company, David E. Bouler v. Matson Navigation CompanyCourt of Appeals for the Fifth Circuit · 1971
- Grondahl v. BulluckSupreme Court of Minnesota · 1982
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
40 more not listed; retrieve them via the Exa API.