Legal Opinion
Carolyn S. Newell v. Westinghouse Electric Corporation, Doing Business as Westinghouse Elevator Company, a Division of Said Corporation
Court of Appeals for the Seventh Circuit
Decided September 20, 1994No. 93-3474PublishedCited by 24 opinions
1Opinion of the Court
BAUER, Circuit Judge.
No barrel of flour has been responsible for more difficulties in the law than the one which fell out a warehouse window in 1868, spawning the case of Byrne v. Boadle, 159 Eng.Rep. 299 (1863), in which Baron Pollock, counsel for the plaintiff, argued “the thing speaks for itself’ (or in his words “res ipsa loquitur”). Though much has changed since then, res ipsa loquitur remains with us. In this case, we are asked to determine whether the district court’s decision granting summary judgment in favor of the defendant on the grounds that the plaintiff, Carolyn New-ell, failed…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Weeden v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Montgomery Elevator Co. v. GordonSupreme Court of Colorado · 1980
- Pillars v. R. J. Reynolds Tobacco Co.Mississippi Supreme Court · 1918
- Burgess v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1985
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Smith v. SevernCourt of Appeals for the Seventh Circuit · 1997
- Smith v. SevernCourt of Appeals for the Seventh Circuit · 1997
- James Blasius v. Angel Automotive Inc.Court of Appeals for the Seventh Circuit · 2016
- John W. WHITTED, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, and New United Motor Manufacturing, Inc., Defendants-AppelleesCourt of Appeals for the Seventh Circuit · 1995
- Christine Maroules v. Jumbo, Inc. And James E. WindsorCourt of Appeals for the Seventh Circuit · 2006
19 more not listed; retrieve them via the Exa API.