Eleanora B. Cobb Rogers, Widow and Administratrix of the Estate of Jim Beckham Cobb, Deceased v. Peabody Coal Company

Sixth Circuit

Eleanora B. Cobb Rogers, Widow and Administratrix of the Estate of Jim Beckham Cobb, Deceased v. Peabody Coal Company

370 F.2d 111, 1966 U.S. App. LEXIS 3923

CourtCourt of Appeals for the Sixth Circuit

DecidedDecember 23, 1966

Docket16972

StatusPublished

This text of 370 F.2d 111 (Eleanora B. Cobb Rogers, Widow and Administratrix of the Estate of Jim Beckham Cobb, Deceased v. Peabody Coal Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Eleanora B. Cobb Rogers, Widow and Administratrix of the Estate of Jim Beckham Cobb, Deceased v. Peabody Coal Company, 370 F.2d 111, 1966 U.S. App. LEXIS 3923 (6th Cir. 1966).

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Opinion

PER CURIAM.

Plaintiff-appellant’s decedent met his death while doing construction work on defendant-appellee’s premises as the employee of a third party. Said third party had under agreement with the defendantappellee undertaken the installation of a major pipeline on which plaintiff-appellant’s decedent was working as a welder when the fatal accident occurred.

At trial the District Judge sustained a motion for a directed verdict in its favor made by defendant-appellee at the close of plaintiff-appellant’s case on the ground that as a matter of law no cause of action against the defendant-appellee had been established, and judgment for the defendant-appellee was entered. On this appeal from that judgment it is determined that the District Judge did not err in sustaining the motion for a directed verdict and the judgment is affirmed.

*112 It will be observed that plaintiff-appellant has in effect had two opportunities to attempt to establish liability on the part of this defendant-appellee, an earlier judgment in its favor on its motion for summary judgment having been vacated and the cause remanded. Rogers v. Peabody Coal Company, 342 F.2d 749 (6th Cir. 1965).

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PER CURIAM.

Plaintiff-appellant’s decedent met his death while doing construction work on defendant-appellee’s premises as the employee of a third party. Said third party had under agreement with the defendantappellee undertaken the installation of a major pipeline on which plaintiff-appellant’s decedent was working as a welder when the fatal accident occurred.

At trial the District Judge sustained a motion for a directed verdict in its favor made by defendant-appellee at the close of plaintiff-appellant’s case on the ground that as a matter of law no cause of action against the defendant-appellee had been established, and judgment for the defendant-appellee was entered. On this appeal from that judgment it is determined that the District Judge did not err in sustaining the motion for a directed verdict and the judgment is affirmed.

*112 It will be observed that plaintiff-appellant has in effect had two opportunities to attempt to establish liability on the part of this defendant-appellee, an earlier judgment in its favor on its motion for summary judgment having been vacated and the cause remanded. Rogers v. Peabody Coal Company, 342 F.2d 749 (6th Cir. 1965).

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370 F.2d 111, 1966 U.S. App. LEXIS 3923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eleanora-b-cobb-rogers-widow-and-administratrix-of-the-estate-of-jim-ca6-1966.

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