Merchants National Bank v. Waters
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LAY, Circuit Judge.
Merchants National Bank, the administrator of the Estate of Elizabeth W. Smith, deceased, and of the Estate of Mignon Pease, deceased, recovered verdicts of $125,000 and $65,000, respectively, from The Boeing Company, by reason of the negligence of its employee, Delmar Messer, now deceased.1 Reversal of the judgment is sought on two basic grounds: (1) there was insufficient evidence to sustain plaintiff’s claim that Delmar Messer was acting within the scope of his employment with Boeing at the time of the accident in question and (2) that the verdicts were excessive.2 We…
2Cases cited29 opinions
- Claim of Dependents of Marks v. GrayNew York Court of Appeals · 1929
- Ferris v. RileySupreme Court of Iowa · 1960
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Waterloo Savings Bank v. Waterloo, Cedar Falls & Northern RailroadSupreme Court of Iowa · 1953
- Cooner v. United StatesCourt of Appeals for the Fourth Circuit · 1960
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3Cited by1 opinion
- Merchants National Bank of Cedar Rapids, Administrator of the Estate of Elizabeth W. Smith, Deceased v. Larry Waters, Administrator of the Estate of Delmar Messer, Deceased, and the Boeing Company, Merchants National Bank of Cedar Rapids, Administrator of the Estate of Mignon Pease, Deceased v. Larry Waters, Administrator of the Estate of Delmar Messer, Deceased, and the Boeing CompanyCourt of Appeals for the Eighth Circuit · 1971