Legal Opinion

Richard Leon Mitchell v. Young Refining Corporation

Court of Appeals for the Fifth Circuit

Decided August 21, 1975No. 74-3368PublishedCited by 9 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

In a diversity action based on negligence, summary judgment was granted in favor of the defendant-appellee, Young Refining Corporation, on the grounds that the plaintiff-appellant Mitchell had assumed the risk of injury to himself when he stepped on some greasy pipes adjacent to a railroad spur on Young Refining’s premises. Finding that the district court correctly interpreted Georgia law applicable to the undisputed facts on the assumption of risk issue, we affirm.

I

Appellant Richard Leon Mitchell, a resident of Birmingham, Alabama, was an employee of Southern…

2Cases cited18 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
  3. Southern Railway Co. v. HoganSupreme Court of Georgia · 1908
  4. Kreiss v. Allatoona Landing, Inc.Court of Appeals of Georgia · 1963
  5. Phelps v. Consolidated Equities Corp.Court of Appeals of Georgia · 1974

13 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Roberts v. Western-Southern Life InsuranceDistrict Court, N.D. Illinois · 1983
  2. Kelly v. StrattonDistrict Court, N.D. Illinois · 1982
  3. Robert J. Keaten v. The Paul Revere Life Insurance Company, a Massachusetts CorporationCourt of Appeals for the Fifth Circuit · 1981
  4. Allstate Insurance v. TraversDistrict Court, N.D. Florida · 1988
  5. Aretz v. United StatesDistrict Court, S.D. Georgia · 1978

4 more not listed; retrieve them via the Exa API.

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