Legal Opinion

Emma Sandoval, as Personal Representative of the Estate of John Sandoval, Deceased v. U. S. Smelting, Refining & Mining Company

Court of Appeals for the Tenth Circuit

Decided November 12, 1976No. 75-1787PublishedCited by 11 opinions

1Opinion of the Court

SETH, Circuit Judge.

Plaintiff-appellant filed this wrongful death action in state court alleging that appellees negligently caused the death of her husband in a mine in Grant County, New Mexico. The case was removed to the United States District Court for the District of New Mexico, where trial began. At the conclusion of appellant’s case, the trial court held that plaintiff’s own evidence of decedent’s contributory negligence precluded recovery as a matter of law, and directed a verdict in favor of appellee. This appeal challenges the correctness of the court’s ruling.

The measure of the…

2Cases cited10 opinions

  1. Donna Bertot v. School District No. 1, Albany County, Wyoming, Martha Sweeney v. School District No. 1, Albany County, WyomingCourt of Appeals for the Tenth Circuit · 1975
  2. Earl E. Taylor and Ruth E. Taylor, His Wife v. National Trailer Convoy, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1970
  3. Manuel L. Kiner v. Lyla Lee NorthcuttCourt of Appeals for the Tenth Circuit · 1970
  4. Byron T. Weeks, Guardian Ad Litem of Valerie Weeks, a Minor v. Latter-Day Saints Hospital, a CorporationCourt of Appeals for the Tenth Circuit · 1969
  5. Barbara R. Gross v. Southern Railway Company, Nancy Ruth Canipelli v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1971

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

3Cited by11 opinions

  1. Catherine B. Ramsey v. Charles H. Culpepper and the Farmington Investment CompanyCourt of Appeals for the Tenth Circuit · 1984
  2. Grover Sterling Martin and Cleo Alean Martin v. Unit Rig & Equipment Company, Inc.Court of Appeals for the Tenth Circuit · 1983
  3. Burk v. Unified School Dist. No. 329, Wabaunsee Cty.District Court, D. Kansas · 1986
  4. The Catts Company, an Oklahoma Corporation v. Gulf Insurance Company, a Foreign Insurance CorporationCourt of Appeals for the Tenth Circuit · 1983
  5. Gayle Ward v. H. B. Zachry Const. CompanyCourt of Appeals for the Tenth Circuit · 1978

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

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