Legal Opinion

Weakley v. Fischbach & Moore, Inc.

Court of Appeals for the Fifth Circuit

Decided July 21, 1975No. 74-1499PublishedCited by 41 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

This diversity suit arises out of an electrical explosion at the Kelly-Springfield Tire Company plant in Tyler, Texas. On November 6, 1970, Earl Weakley had called together Thomas McKay, Charles Baker, and Martin Kennedy for a demonstration of an “isolator switch”. At the time, they believed there was no current passing through the switch. Unhappily they were wrong. When Weak-ley moved the switch, he caused a 2800 volt current to arc, burning him over nearly half his body and burning McKay, Baker, and Kennedy less seriously. The four sued Cutler-Hammer, Inc., the…

2Cases cited28 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Halepeska v. Callihan Interests, Inc.Texas Supreme Court · 1963
  3. Otis Elevator Company v. WoodTexas Supreme Court · 1968
  4. John R. McWeeney v. New York, New Haven and Hartford Railroad CompanyCourt of Appeals for the Second Circuit · 1960
  5. Sam H. Johnson v. Penrod Drilling Company, James L. Starnes v. Penrod Drilling CompanyCourt of Appeals for the Fifth Circuit · 1975

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

3Cited by41 opinions

  1. Kaczkowski v. BolubaszSupreme Court of Pennsylvania · 1980
  2. Gideon v. Johns-Manville Sales Corp.Court of Appeals for the Fifth Circuit · 1985
  3. Porter v. American Optical Corp.Court of Appeals for the Fifth Circuit · 1981
  4. Bell Helicopter Co. v. BradshawCourt of Appeals of Texas · 1979
  5. E360 Insight, Inc. v. Spamhaus ProjectCourt of Appeals for the Seventh Circuit · 2011

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

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