Legal Opinion
Hawley K. Challoner, Etc. v. Day and Zimmermann, Inc.
Court of Appeals for the Fifth Circuit
Decided June 2, 1975No. 74-1555PublishedCited by 36 opinions
1Opinion of the Court
COLEMAN, Circuit Judge.
The premature explosion of an 105 mm. howitzer round in Cambodia, May 22, 1970, while the Armed Forces of the United States were engaged in combat with the North Vietnamese, prompted this diversity suit. Hawley K. Challoner, of Wisconsin, was seriously injured by the explosion. Daniel E. Nelms, of Tennessee, was killed. Suit was grounded upon strict liability principles enunciated by Texas law. There was a jury verdict of $200,000 for Challoner, and a $40,000 award for Nelms’ administrator against Day and Zimmermann. The defendant had manufactured the artillery round in…
2Cases cited26 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
- Banco Nacional De Cuba v. SabbatinoSupreme Court of the United States · 1964
- Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
21 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Day & Zimmermann, Inc. v. ChallonerSupreme Court of the United States · 1975
- Allen Peteet, Ann I. Greenhill, Individually and on Behalf of the Heirs of the Estate of James Edward Greenhill, Deceased v. Dow Chemical CompanyCourt of Appeals for the Fifth Circuit · 1989
- Mrs. Frania Tye Lee v. Ray Lee Hunt, of the Estate of H. L. Hunt v. Hugh S. HuntCourt of Appeals for the Fifth Circuit · 1980
- In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1982
- Daniel Edward Bynum v. Fmc CorporationCourt of Appeals for the Fifth Circuit · 1985
31 more not listed; retrieve them via the Exa API.