Legal Opinion
Davis v. Brooks Transportation Company
District Court, D. Delaware
Decided August 17, 1960No. Civ. A. 2102PublishedCited by 20 opinions
1Opinion of the Court
LAYTON, District Judge.
This is a motion for summary judgment. The facts are so unusual that the motion should be granted out of hand if for no other reason than that, if there were a jury verdict for the plaintiffs, it is difficult to see how, in justice, it could ever be sustained.
On the night of September 25, 1958, the defendants’ tractor trailer, driven by the co-defendant Massie, was proceeding west towards Baltimore on the outside, or north, lane of Route 40, a dual highway. The posted speed limits for trucks is 45 M.P.H. Both Massie and the driver of a following truck testified that he,…
2Cases cited30 opinions
- Frederick Hart & Co. v. Recordgraph CorporationCourt of Appeals for the Third Circuit · 1948
- Rickards v. StateSupreme Court of Delaware · 1950
- Ezzo v. GeremiahSupreme Court of Connecticut · 1928
- Saxton v. RoseMississippi Supreme Court · 1947
- Fretz v. AndersonUtah Supreme Court · 1956
25 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Baltimore Co. v. State, Use of KeenanCourt of Appeals of Maryland · 1963
- Armenna Ravellette, Administratrix of the Estate of Oren A. Ravellette v. Richard F. SmithCourt of Appeals for the Seventh Circuit · 1962
- Gulf Oil Corporation v. Ernest E. Reed, as Administrator of the Estate of Dwight K. Reed, DeceasedCourt of Appeals for the D.C. Circuit · 1964
- King v. CalifanoDistrict Court of Appeal of Florida · 1966
- Bessman v. HardingSupreme Court of Iowa · 1970
15 more not listed; retrieve them via the Exa API.