Legal Opinion
Ensco, Inc. v. Weicker Transfer & Storage Co.
Court of Appeals for the Tenth Circuit
Decided September 22, 1982No. Nos. 80-1889, 80-1940PublishedCited by 11 opinions
1Opinion of the Court
WILLIAM E. DOYLE, Circuit Judge.
I. PRELIMINARY DISCUSSION
This is a transportation of equipment case. The determinative issue is whether under the facts and applicable law Weicker Transfer and Storage Co. was in the special circumstances presented acting as a common carrier, or as a contract carrier or lessor of equipment and servant.
The trial court found that Weicker had leased its equipment and driver to the appellant Ensco.
This appeal is from a judgment which was the result of a truck-train accident. The trial court held that none of the defendants were liable to Ensco for damages suffered.…
2Cases cited23 opinions
- Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
- Santa Fe, Prescott & Phœnix Railway Co. v. Grant Bros. Construction Co.Supreme Court of the United States · 1913
- United States v. DrumSupreme Court of the United States · 1962
18 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dan Barclay, Inc. v. Stewart & Stevenson Services, Inc.District Court, D. Massachusetts · 1991
- BML Stage Lighting, Inc. v. Mayflower Transit, Inc., Texas Court of Appeals, 14th District (Houston)2000
- Ensco, Inc., and Cross-Appellee v. Weicker Transfer and Storage Co., and Third-Party v. Warren Jaycox v. Union Pacific Railroad Company, Third Party Appellee-Cross-AppellantCourt of Appeals for the Third Circuit · 1982
- Mercer Transportation Co. v. Greentree Transportation Co.Court of Appeals for the Tenth Circuit · 2003
- Hughes Aircraft Co. v. North American Van LinesDistrict Court, N.D. California · 1990
6 more not listed; retrieve them via the Exa API.