Legal Opinion
Carey Reed Co. v. McDavid
Court of Appeals for the Fifth Circuit
Decided June 16, 1941No. 9852PublishedCited by 7 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge.
The suit was for damages for personal' injuries. The claim was that while plaintiff was working in a railroad car shoveling gravel, to be unloaded therefrom by a motor power driven shovel or dipper, the dipper was dropped upon and injured him, as a result of the negligence of defendant in failing to warn him. The defenses pleaded were: a denial; that plaintiff’s own negligence was the sole proximate cause of the accident; that plaintiff had assumed the risk; and that if plaintiff was injured because of negligence, this negligence was that of a fellow servant. There…
2Cases cited2 opinions
- Albert v. Doullut & Ewin, Inc.Mississippi Supreme Court · 1938
- Harper v. Pub. Serv. Corp. of Miss.Mississippi Supreme Court · 1934
3Cited by7 opinions
- Wood v. Kane Boiler Works, Inc.Texas Supreme Court · 1951
- Amacker v. Skelly Oil Co.Court of Appeals for the Fifth Circuit · 1942
- Holliday v. Fulton Band Mill, Inc.Court of Appeals for the Fifth Circuit · 1944
- Ingalls Shipbuilding Corp. v. TrehernCourt of Appeals for the Fifth Circuit · 1946
- Pittman v. SchultzCourt of Appeals for the Fifth Circuit · 1942
2 more not listed; retrieve them via the Exa API.