Legal Opinion
John McPhee Jr. And Sheri McPhee v. Oliver Tyrone Corporation
Court of Appeals for the Fifth Circuit
Decided February 6, 1974No. 73-1660PublishedCited by 8 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
This is an appeal from a district court order granting the motion of the defendant for summary judgment and dismissing the complaint on its merits. We reverse and remand for trial on the merits.
In 1965, John McPhee, Jr. was operating a sawmill for his employer, Erickson Hardwoods, Inc., of Onalaska, Wisconsin, when the log carriage unexpectedly moved and forced him into the saw blade, amputating both of his legs. Corinth Machinery Company, a Mississippi corporation domiciled in Corinth, Mississippi, had installed the sawmill pursuant to an agreement to replace…
2Cases cited15 opinions
- Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
- Associated Press v. United StatesSupreme Court of the United States · 1945
- Associated Press v. United StatesSupreme Court of the United States · 1945
- Eccles v. Peoples Bank of Lakewood VillageSupreme Court of the United States · 1948
- National Screen Service Corporation v. The Poster Exchange, Inc.Court of Appeals for the Fifth Circuit · 1962
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ecology Center of Louisiana, Inc. v. ColemanCourt of Appeals for the Fifth Circuit · 1975
- Midland Engineering Co. v. John A. Hall Construction Co.District Court, N.D. Indiana · 1975
- James Robert Crosby v. The General Tire & Rubber Company, Defendant-Third-Party v. Vulcan Painters, Inc., Etc., Etc., Third-PartyCourt of Appeals for the Third Circuit · 1976
- Tower Tire & Auto Center, Inc. v. Atlantic Richfield Co.District Court, S.D. Texas · 1975
- The Dow Chemical Company v. Ashland Oil, Inc.Court of Appeals for the Fifth Circuit · 1978
3 more not listed; retrieve them via the Exa API.