Legal Opinion
United States Rubber Company v. Eugene Bauer
Court of Appeals for the Eighth Circuit
Decided June 26, 1963No. 17128_1PublishedCited by 37 opinions
1Opinion of the Court
BLACKMUN, Circuit Judge.
Eugene Bauer, a North Dakota farmer, was injured on August 6, 1959, when the drive belt on his combine broke and struck him on the head. He instituted this diversity action against the manufacturer of the belt. By his twice amended complaint he based his suit on negligence and implied warranty.
The case was tried without a jury. The court found that the “belt and the series in which the same was manufactured, were defective” and concluded that the plaintiff was entitled to prevail because the belt “was not reasonably fit for the purpose for which it was intended and…
2Cases cited47 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Dick v. New York Life InsuranceSupreme Court of the United States · 1959
42 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
- Jean Farner, as Administratrix of the Estate of John W. Farner, Deceased v. Paccar, Inc.Court of Appeals for the Eighth Circuit · 1977
- Hawkeye-Security Insurance Co. v. Ford Motor Co.Supreme Court of Iowa · 1970
- Parke-Davis and Company, a Corporation v. Shane Stromsodt, a Minor, by Robert M. Stromsodt, His Guardian Ad LitemCourt of Appeals for the Eighth Circuit · 1969
- Walton v. Chrysler Motor Corp.Mississippi Supreme Court · 1969
32 more not listed; retrieve them via the Exa API.