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
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
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Wilkerson v. McCarthySupreme Court of the United States · 1949
- Denton v. Yazoo & Mississippi Valley RailroadSupreme Court of the United States · 1932
- Nepstad v. LambertSupreme Court of Minnesota · 1951
- 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
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3Cited by35 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Paul v. Ruiz v. Shell Oil Company, National Tank CompanyCourt of Appeals for the Fifth Circuit · 1969
- Thomas R. Rutherford v. City of BerkeleyCourt of Appeals for the Ninth Circuit · 1986
- Gaudet v. Exxon Corp.Court of Appeals for the Fifth Circuit · 1977
- Marsh v. Tilley Steel Co.California Supreme Court · 1980
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