Legal Opinion

Brabham v. Mississippi Ex Rel. Smith

Court of Appeals for the Fifth Circuit

Decided April 19, 1938No. 8671PublishedCited by 37 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

The suit was brought against the sheriff and two deputies, to recover damages al*212leged to have been inflicted upon plaintiff, a minor. The claim was that while acting as the sheriff’s deputies, and within the scope of their duties as such, Varnado, as actor, and Cutrer, standing by as aider and abettor, had wrongfully, cruelly, and oppressively beaten plaintiff, a fifteen year old boy, and that the sheriff and deputies alike were liable in damages, compensatory and punitive.

Defendants first moved to dismiss, for want of the requisite diversity of citizenship, upon the…

2Cases cited19 opinions

  1. Dimick v. SchiedtSupreme Court of the United States · 1935
  2. McDonald v. PlessSupreme Court of the United States · 1915
  3. Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
  4. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
  5. Minneapolis, St. Paul & Sault Ste. Marie Ry. Co. v. MoquinSupreme Court of the United States · 1931

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

3Cited by37 opinions

  1. Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  2. Charles Franklin Westbrook, Jr., Pilot Point Ready-Mix, Inc., Intervenor-Appellee v. General Tire and Rubber Company, Etc.Court of Appeals for the Fifth Circuit · 1985
  3. Simeon v. T. Smith & Son, Inc.Court of Appeals for the Fifth Circuit · 1988
  4. United Construction Workers and United Mine Workers of America v. Haislip Baking Company, a Virginia CorporationCourt of Appeals for the Fourth Circuit · 1955
  5. Lowe v. General Motors Corp.Court of Appeals for the Fifth Circuit · 1980

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

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