Legal Opinion

Warren McCollum v. Orvil Smith and Chan C. Wilson, Doing Business as S & W Equipment Rentals, a Partnership

Court of Appeals for the Ninth Circuit

Decided January 4, 1965No. 18921_1PublishedCited by 35 opinions

1Opinion of the Court

KOELSCH, Circuit Judge.

In this suit to recover damages for-personal injuries, the district court directed a verdict against the plaintiff and he has appealed. His assignments off error all concern the validity of that ruling.

Plaintiff based his claim on-negligence. His complaint was in two-counts. In one he charged that the defendants were responsible under the doctrine of respondeat superior for the negligent operation of a crane by their employee, Ed Choy; and in the other, he-charged under an exception to the fellow-servant rule that the defendants were-themselves negligent in employing…

2Cases cited8 opinions

  1. Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
  2. Wilkerson v. McCarthySupreme Court of the United States · 1949
  3. Denton v. Yazoo & Mississippi Valley RailroadSupreme Court of the United States · 1932
  4. Nepstad v. LambertSupreme Court of Minnesota · 1951
  5. Kenneth J. Phipps v. N v. Nederlandsche Amerikaansche Stoomvart, Maats, a Corporation, Also Known as Holland-America LineCourt of Appeals for the Ninth Circuit · 1958

3 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Paul v. Ruiz v. Shell Oil Company, National Tank CompanyCourt of Appeals for the Fifth Circuit · 1969
  3. Thomas R. Rutherford v. City of BerkeleyCourt of Appeals for the Ninth Circuit · 1986
  4. Gaudet v. Exxon Corp.Court of Appeals for the Fifth Circuit · 1977
  5. Marsh v. Tilley Steel Co.California Supreme Court · 1980

30 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API