Legal Opinion
Katherine James, Administratrix of the Estate of Frank James, Deceased v. The Atchison, Topeka and Santa Fe Railway Company
Court of Appeals for the Tenth Circuit
Decided July 27, 1972No. 71-1734PublishedCited by 17 opinions
1Opinion of the Court
WILLIAM E. DOYLE, Circuit Judge.
The district court granted the motion of defendant-appellee Santa Fe for summary judgment based on answers to interrogatories, depositions and affidavits, and the question here presented is whether it was appropriate for the court to determine that defendant had demonstrated beyond reasonable doubt that there were no genuine issues of fact in the case and whether it was proper to enter judgment for the Santa Fe as a matter of law. We conclude that there are triable issues and, therefore, we reverse and remand for a trial.
The Santa Fe cars backed over decedent,…
2Cases cited12 opinions
- Avrick v. Rockmont Envelope Co.Court of Appeals for the Tenth Circuit · 1946
- Lucero Ex Rel. Lucero v. TorresNew Mexico Supreme Court · 1960
- Broderick Wood Products Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1952
- Clausen & Sons, Inc., a Minnesota Corporation v. Theo. Hamm Brewing Co., a Minnesota CorporationCourt of Appeals for the Eighth Circuit · 1968
- Jones v. Atlanta-Charlotte Air Line R. Co.Supreme Court of South Carolina · 1951
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Mustang Fuel Corporation, a Corporation v. Youngstown Sheet and Tube Company, an Ohio CorporationCourt of Appeals for the Tenth Circuit · 1975
- Fed. Sec. L. Rep. P 94,425 Biruta Dzenits v. Merrill Lynch, Pierce, Fenner & Smith, Inc., and James A. BillingtonCourt of Appeals for the Tenth Circuit · 1974
- Lavelle Stevens, Administratrix of the Estate of Robert Wayne Stevens, Deceased v. James A. Barnard, Iii, D/B/A Mid-Continent BellancaCourt of Appeals for the Tenth Circuit · 1975
- Mustang Fuel Corporation, a Corporation v. Youngstown Sheet and Tube Company, an Ohio CorporationCourt of Appeals for the Tenth Circuit · 1977
- Ruiz v. Southern Pacific Transportation Co.New Mexico Court of Appeals · 1981
12 more not listed; retrieve them via the Exa API.