Powell v. United States Steel Corp.

CHRISTIE, District Judge:

This matter is before the Court upon the motion of the defendant for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The defendant grounds the motion upon the premise that there is no genuine issue of any material facts as to plaintiff’s contributory negligence, and assumption of risk and that it is, therefore, entitled to judgment as a matter of law.

The injury for which the plaintiff claims damages in this action arose out of these circumstances: As the owner and operator of a tractor-trailer truck, plaintiff took a shipment of…