Legal Opinion
Northern Pacific Railway, a Corporation (Now Burlington Northern, Inc.) v. Theodore E. Herman, D/B/A Pete Herman Auction Market
Court of Appeals for the Ninth Circuit
Decided May 7, 1973No. 71-1145PublishedCited by 18 opinions
1Opinion of the Court
PECKHAM, District Judge:
This case, which arises under Montana law, is an action seeking indemnity for money paid by the plaintiff railroad in satisfaction of a claim against it by one of the railroad’s employees injured on the job. The single issue that this court need decide is whether the jury instruction formulated by the court below constituted reversible error. The parties do not dispute the applicability of Montana law, nor apparently do they dispute the applicable law of that state. The only dispute concerns whether the trial court accurately conveyed that law to the jury in its…
2Cases cited7 opinions
- Fillippon v. Albion Vein Slate Co.Supreme Court of the United States · 1919
- Booth-Kelly Lumber Co. v. Southern Pacific Co. Southern Pacific Co. v. Booth-Kelly Lumber CoCourt of Appeals for the Ninth Circuit · 1950
- Union Pacific Railroad Company, a Corporation v. Bridal Veil Lumber Company, a CorporationCourt of Appeals for the Ninth Circuit · 1955
- Smith v. KrutarMontana Supreme Court · 1969
- Missouri Pacific Railroad Company v. Arkansas Oak Flooring Company, Missouri Pacific Railroad Company v. Arkansas Oak Flooring CompanyCourt of Appeals for the Eighth Circuit · 1970
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kevin Pappas v. Middle Earth Condominium Association Castle Rock Management CompanyCourt of Appeals for the Second Circuit · 1992
- Mitroff v. Xomox Corp.Court of Appeals for the Sixth Circuit · 1986
- Hatrock v. Edward D. Jones & Co.Court of Appeals for the Ninth Circuit · 1984
- Commercial Insurance Co. of Newark v. Pacific-Peru Construction Corp.Court of Appeals for the Ninth Circuit · 1977
- William F. Wehrly and Elizabeth Ann Wehrly v. United StatesCourt of Appeals for the Ninth Circuit · 1986
13 more not listed; retrieve them via the Exa API.