Legal Opinion

L. E. Whitham Constr. Co. v. Remer

Court of Appeals for the Tenth Circuit

Decided December 11, 1937No. 1535PublishedCited by 3 opinions

1Opinion of the Court

PHILLIPS, Circuit'Judge.

Sam Remer, administrator of the estate of Sam Remer, deceased, brought this action against the L. E. Whitham Construction Company, to recover damages for the alleged wrongful death of Sam Remer, deceased.

The evidence, viewed in a light most favorable to the plaintiff1 established these facts:

The Construction Company was engaged in building a road up M.t. Scott in the National Forest Reserve, Comanche County, Oklahoma. The location of the road was through practically solid rock covered with boulders and it was necessary to employ dynamite as an explosive agent to break…

2Cases cited32 opinions

  1. Gunning v. CooleySupreme Court of the United States · 1930
  2. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  3. Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
  4. Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
  5. Baltimore & Ohio Southwestern Railroad v. CarrollSupreme Court of the United States · 1930

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3Cited by3 opinions

  1. Lasell v. Tri-States Theatre Corp.Supreme Court of Iowa · 1943
  2. L. E. Whitham Const. Co. v. RemerCourt of Appeals for the Tenth Circuit · 1939
  3. Commercial Standard Ins. Co. v. RemerCourt of Appeals for the Tenth Circuit · 1941

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