Legal Opinion

Casey v. Barber Asphalt Paving Co.

U.S. Circuit Court for the District of Eastern Washington

Decided November 15, 1911Published

At Raw. Action by E. L. Casey against the Barber Asphalt Paving Company; On motion by defendant for judgment notwithstanding the verdict.

1Opinion of the Court

RUDKIN, District Judge.

The defendant in this action is a corporation engaged in the business of laying asphalt pavement in roads and streets, as its name would indicate. In the prosecution of its work it maintains and operates certain machinery for the purpose of mixing, heating, and preparing the crushed rock, sand, cement, and asphalt out -of which the pavement is made. This machinery is assembled on a car which (Joes not differ materially from the flat car in common use. The plant consists of a mixer, a heater, and elevators for hoisting the materials, and the whole is operated by a…

2Cases cited5 opinions

  1. Hamilton v. RathboneSupreme Court of the United States · 1899
  2. Bingham v. Board of Supervisors of Winona CountySupreme Court of Minnesota · 1863
  3. Ward v. National Lumber & Box Co.Washington Supreme Court · 1909
  4. Griffith v. Mountain Ice Co.Supreme Court of New Jersey · 1907
  5. Rabe v. Consolidated Ice Co.Court of Appeals for the Second Circuit · 1902

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