Legal Opinion
Demarest v. T. C. Bateson Construction Co.
Court of Appeals for the Tenth Circuit
Decided November 30, 1966No. Nos. 8357, 8404PublishedCited by 4 opinions
1Opinion of the Court
MURRAH, Chief Judge.
This diversity-negligence action by an employee of a construction subcontractor against the prime contractors to recover *282damages for injuries suffered in a fall at the worksite presents the difficult task of rationalizing and applying the law of assumption of risk and contributory negligence as New Mexico sees it. At the close of the plaintiffs’ case, the trial court directed a verdict for defendants on the ground that as a matter of law the injured plaintiff assumed the risk and was guilty of contributory negligence. This verdict also ran against the plaintiff-intervenor…
2Cases cited25 opinions
- Halepeska v. Callihan Interests, Inc.Texas Supreme Court · 1963
- Felgner v. AndersonMichigan Supreme Court · 1965
- Meistrich v. Casino Arena Attractions, Inc.Supreme Court of New Jersey · 1959
- McConville v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1962
- Ritter v. BEALSOregon Supreme Court · 1961
20 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Williamson v. SmithNew Mexico Supreme Court · 1971
- Floyd E. Moomey and Hardware Mutual Casualty Company, A/K/A Sentry Insurance Company v. Massey Ferguson, IncorporatedCourt of Appeals for the Tenth Circuit · 1970
- Jasper v. LumpeeNew Mexico Court of Appeals · 1970
- Charles Demarest v. T. C. Bateson Construction Company, a Corporation, G. K. Cheves, D/B/A Cheves Construction Company, General Accident Fire & Life Assurance Corp., Ltd. v. T. C. Bateson Construction Company, a Corporation, G. K. Cheves, D/B/A Cheves Construction CompanyCourt of Appeals for the Tenth Circuit · 1967