Legal Opinion

Sharples Separator Co. v. Skinner

Court of Appeals for the Ninth Circuit

Decided May 6, 1918No. 2978PublishedCited by 12 opinions

In Error to- the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge; Action by W. W. Skinner against the Sharpies Separator Company, a corporation. There was a judgment for plaintiff, and defendant brings error. The defendant in error brought an action against the plaintiff in error to recover damage's for breach of warranty.

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In Error to- the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge; Action by W. W. Skinner against the Sharpies Separator Company, a corporation. There was a judgment for plaintiff, and defendant brings error. The defendant in error brought an action against the plaintiff in error to recover damage's for breach of warranty. The plaintiff therein alleged that he was the owner of a herd of dairy cows; that on January 3, 1914, the defendant sold and delivered to him a certain mechanical milker, and warranted the same to…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above)-. [1] A large portion of the very numerous assignments of error, as well as a large portion of the defendant’s voluminous brief, is devoted to discussion of the evidence, under the contention that the same was insufficient to justify the verdict of the jury, and that the verdict was contrary to the court’s, instructions, thus disregarding the rule that, an *27appellate federal court is prohibited from re-examining any fact tried by a jury otherwise than according to the rules of the common law, and has power to review" only the rulings of the trial court. The…

2Cases cited16 opinions

  1. La Abra Silver Mining Co. v. United StatesSupreme Court of the United States · 1899
  2. White Automobile Co. v. DorseyCourt of Appeals of Maryland · 1913
  3. Second National Bank v. WheelerMichigan Supreme Court · 1889
  4. Fox v. Stockton Combined Harvester & Agricultural WorksCalifornia Supreme Court · 1890
  5. Ward v. Blake Manuf'g Co.Court of Appeals for the Eighth Circuit · 1893

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

3Cited by12 opinions

  1. The Flintkote Company, a Corporation v. Elmer Lysfjord and Walter R. Waldron, Doing Business as Aabeta Co.Court of Appeals for the Ninth Circuit · 1957
  2. United States v. General Motors CorporationCourt of Appeals for the Seventh Circuit · 1941
  3. Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
  4. Collins v. StreitzCourt of Appeals for the Ninth Circuit · 1938
  5. Heskett v. United StatesCourt of Appeals for the Ninth Circuit · 1932

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

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