Legal Opinion

Jerry Simpson v. Skelly Oil Company, a Corporation

Court of Appeals for the Eighth Circuit

Decided March 3, 1967No. 18366_1PublishedCited by 51 opinions

1Opinion of the Court

NICHOL, District Judge.

This is a diversity action for personal injuries sustained by plaintiff (hereafter Simpson) in Council Bluffs, Iowa, on June 16, 1962, as the result of an explosion which occurred when he attempted to light a gas hot water heater in the basement of his residence. Simpson commenced this action against the defendant (hereafter Skelly), the supplier of the propane gas used as fuel for the gas hot water heater. The complaint was in three counts: I Negligence; II res ipsa loquitur; and III breach of warranty; it sought damages in the amount of $75,000 and costs, and demanded…

2Cases cited29 opinions

  1. Lavender v. KurnSupreme Court of the United States · 1946
  2. Jamison v. EncarnacionSupreme Court of the United States · 1930
  3. Shelby v. Williams and Horney Livestock, Incorporated v. Joseph E. NicholsCourt of Appeals for the Fourth Circuit · 1959
  4. Ferris v. RileySupreme Court of Iowa · 1960
  5. Skelly Oil Co. v. HollowayCourt of Appeals for the Eighth Circuit · 1948

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3Cited by51 opinions

  1. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  2. Fireman's Fund Insurance Company, a Corporation v. Aalco Wrecking Company, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1972
  3. Giordano v. LeeCourt of Appeals for the Eighth Circuit · 1970
  4. Arkwright Mutual Insurance Company, a Massachusetts Corporation Insurance Company of North America, a Pennsylvania Corporation v. Gwinner Oil, Inc., a North Dakota Corporation Commonwealth Petroleum Co., an Ohio Corporation Gwinner Propane Inc., an Ohio Corporation, Arkwright Mutual Insurance Company, a Massachusetts Corporation Insurance Company of North America, a Pennsylvania Corporation v. Gwinner Oil, Inc., a North Dakota Corporation, Commonwealth Petroleum Co., an Ohio Corporation Gwinner Propane, Inc., an Ohio Corporation, Arkwright Mutual Insurance Company, a Massachusetts Corporation Insurance Company of North America, a Pennsylvania Corporation v. Gwinner Oil, Inc., a North Dakota Corporation, Commonwealth Petroleum Co., an Ohio Corporation Gwinner Propane, Inc., an Ohio CorporationCourt of Appeals for the Eighth Circuit · 1997
  5. Jo Pearl Jeanes, Administratrix of the Estate of Tommy Joe Jeanes, Deceased v. E. L. Milner, William S. Orr and Aetna Casualty & Surety CompanyCourt of Appeals for the Eighth Circuit · 1970

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