Legal Opinion

Bradford Glycerine Co. v. Kizer

Court of Appeals for the Sixth Circuit

Decided February 12, 1902No. 1,024PublishedCited by 9 opinions

In Error to the Circuit Court oí the United States for the Northern District of Ohio. The defendant in error, plaintiff below, hereafter called the plaintiff, brought this action against the plaintiff in error, defendant below, hereafter called the defendant, to recover damages sustained on account of an accident caused by the explosion of nitroglycerine. The defendant was engaged, in manufacturing and exploding nitroglycerine in oil and gas wells.

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In Error to the Circuit Court oí the United States for the Northern District of Ohio. The defendant in error, plaintiff below, hereafter called the plaintiff, brought this action against the plaintiff in error, defendant below, hereafter called the defendant, to recover damages sustained on account of an accident caused by the explosion of nitroglycerine. The defendant was engaged, in manufacturing and exploding nitroglycerine in oil and gas wells. The plaintiff, for some time before and at the time of the accident, was at work for the defendant as an oil-well shooter. It was his duty to haul…

1Opinion of the CourtWanty, District Judge

1. The assignments of error relating to the testimony of the four expert witnesses for plaintiff, except that of the witness Young, cannot be considered, as no objection was made on the trial to the testimony of two of them, and to one there was only a general objection, without giving any reason for it. The objection to the answer of the witness Young to this hypothetical question was “that the witness had not been shown to have any practical knowledge of the question.” This witness, sworn as an expert, was at the time of giving his testimony, and for the preceding fourteen years had been,…

2Cases cited9 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Spring Co. v. EdgarSupreme Court of the United States · 1879
  3. Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
  4. Judson v. Giant Powder Co.California Supreme Court · 1895
  5. Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889

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3Cited by9 opinions

  1. Carter Oil Co. v. Independent Torpedo Co.Supreme Court of Oklahoma · 1924
  2. Henderson v. SullivanCourt of Appeals for the Sixth Circuit · 1908
  3. Selby v. Osage Torpedo Co.Supreme Court of Oklahoma · 1925
  4. United States v. SteadmanCourt of Appeals for the Tenth Circuit · 1934
  5. Beam v. Baltimore & Ohio Rd.Ohio Court of Appeals · 1945

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