Legal Opinion

Hercules Powder Company v. Jesse Costa, Jr.

Court of Appeals for the First Circuit

Decided April 27, 1961No. 5766PublishedCited by 6 opinions

1Opinion of the Court

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts entered for the plaintiff pursuant to a jury verdict. 1

Plaintiff, Jesse Costa, Jr., commenced a tort action in the state court alleging that he was injured by reason of the negligence of the defendant, Hercules Powder Company, (hereinafter called Hercules) while he was on the premises owned by Hercules. The action was removed by Hercules to the federal court. 2 Hercules in its substitute answer denied negligence on its part and said that “if the plaintiff was injured…

2Cases cited13 opinions

  1. LeBlanc v. Atlantic Building & Supply Co.Massachusetts Supreme Judicial Court · 1949
  2. Laffey v. MullenMassachusetts Supreme Judicial Court · 1931
  3. Fred W. Steiner, John W. Hadzima, Olive Spicuzza, Charles Walker and Roy Pursselley v. United StatesCourt of Appeals for the Ninth Circuit · 1956
  4. Correira v. Atlantic Amusement Co.Massachusetts Supreme Judicial Court · 1938
  5. George Harold Wiltsey v. United StatesCourt of Appeals for the Fourth Circuit · 1955

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3Cited by6 opinions

  1. David H. Rosenberg, Trustee in Bankruptcy v. James Trautwein, Etc.Court of Appeals for the Fifth Circuit · 1980
  2. David Gobern v. Metals & Controls, Inc., Defendant-Third Party v. Walco Electric Co., Third-PartyCourt of Appeals for the First Circuit · 1969
  3. Gary W. Hathorn and Linda Hathorn v. James Leroy Trine and Michigan and Nebraska Transit Company, Inc.Court of Appeals for the Eighth Circuit · 1979
  4. Garofoli v. Salesianum School, Inc.Superior Court of Delaware · 1965
  5. Diaz-Morales v. Universidad de Puerto RicoDistrict Court, D. Puerto Rico · 2023

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