Pemberton v. Morris Fertilizer Co.
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Florida; Rhydon M. Call, Judge. Action at law by Grace Pemberton against the Morris Fertilizer Company. Judgment for defendant on directed verdict, and plaintiff brings error,
1Opinion of the Court
BRYAN, Circuit Judge.
This is an action ex delicto by Grace Pemberton, plaintiff, to recover damages for the death of her husband, who was run over on a public highway and killed by an automobile owned by the Morris Fertilizer Company, defendant.
The defendant operated a phosphate mine about 1% miles from Bar-tow, Fla. Waddell was superintendent of the mine, and Andrews was assistant superintendent. Compton was engineer of the power house, and had charge of the boilers, pumps, and electric plant. The defendant company furnished an automobile to the superintendent. On the day of the accident,…
2Cases cited3 opinions
- Southern Cotton Oil Co. v. AndersonSupreme Court of Florida · 1920
- Albritton v. ScottSupreme Court of Florida · 1917
- Anderson v. Southern Cotton Oil Co.Supreme Court of Florida · 1917
3Cited by3 opinions
- Department of Water and Power v. AndersonCourt of Appeals for the Ninth Circuit · 1938
- Standard Acc. Ins. Co. v. RivetCourt of Appeals for the Fifth Circuit · 1937
- Newcomb ex rel. Newcomb v. HardingDistrict Court of Appeal of Florida · 1966