Gaylord Container Corporation v. Miley
Citation | 230 F.2d 177 |
Decision Date | 27 March 1956 |
Docket Number | No. 15740.,15740. |
Parties | GAYLORD CONTAINER CORPORATION and Liberty Mutual Insurance Company, Appellants, v. Charley MILEY, Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
A. J. Waechter, Jr., John V. Baus, New Orleans, La., Jones, Walker, Waechter, Dreux & Poitevent, New Orleans, La., of counsel, for appellants.
Louis B, Porterie, New Orleans, La., Dewell D. Pittman, Bogalusa, La., Duke, Porterie & Davison, New Orleans, La., of counsel, for appellee.
Before HUTCHESON, Chief Judge, and RIVES and CAMERON, Circuit Judges.
Appellee sued the appellants to recover damages for the death of his twenty-four year old son. The district court, trying the case without a jury, rendered judgment in favor of the plaintiff in the amount of $6,000.00.
In compliance with Rule 52(a), Federal Rules of Criminal Procedure, 28 U.S. C.A., the district court made a full finding of facts and stated separately its conclusions of law. The facts so found were as follows:
Gaylord Container Corporation owns and operates a paper manufacturing plant in the City of Bogalusa, Louisiana, which occupies a large area of numerous city blocks of land. Under the terms of certain city ordinances, it obligated itself to construct a walkway along the course of what had formerly been Fourth Street, which should remain open permanently for the use of pedestrians.
The walkway, running from east to west, commences at a point very near the main entrance to the plant. Along most of its way, it is bordered on either side by a chain link wire fence, six or seven feet high, with barbed wire strung across the top. At Avenue "Q" there is an opening in the fence where an electric trolley crosses the walkway from the paper mill on the northern side to the box factory on the southern side. That opening is kept closed by gates, except when open for the passage of an electric car. At the gate on the northern side is a watchman's station. Continuing westward from the intersection of Avenue "Q" and veering southwestward, the path crosses eight or ten railroad tracks. Along part of the path in this area, the fence is only on the north side and not on the south side. After crossing the last railroad track at a point a few feet from a railroad roundhouse, the path veers 90 degrees to the right, or north, and there is a sidewalk going north for 160 feet. Then the path ends at what is now still Fourth Street, which continues westward from this end of the path.
To continue reading
Request your trial-
Miller v. General Motors Corp.
...337 (1965); Appling v. Stuck (Iowa 1969), 164 N.W.2d 810; Nolan v. Roberts (Fla.Dist.Ct.App.1980), 383 So.2d 945; Gaylord Container Corp. v. Miley (5th Cir.1956), 230 F.2d 177.) Many courts now hold that the landowner has a duty of care to the discovered trespasser at least in his active co......
-
Lee v. Peerless Ins. Co.
...v. New York, N.H. & H.R. Co., 193 Mass. 448, 79 N.E. 797; Galvin v. Jennings (U.S. 3rd Cir.) 289 F.2d 15; Gaylord Container Corporation v. Miley (U.S. 5th Cir.) 230 F.2d 177; McClean v. University Club, 327 Mass. 68, 97 N.E.2d 174; Soronen v. Olde Milford Inn, 84 N.J.Super. 372, 202 A.2d 20......
-
Pence v. Ketchum
...adequate room for the application of Last Clear Chance. Jackson v. Cook, supra; Weymire v. Wolfe, supra; Gaylord Container Corporation v. Miley, 230 F.2d 177 (U.S.5th Cir. 1956); Galvin v. Jennings, 289 F.2d 15 (U.S.3rd Cir. 1961); 2 Harper & James, Torts, § 22.13 at 1245--1246 (1956); 26 L......
-
Galvin v. Jennings
...is called "last clear chance," "discovered peril" or something else is not significant. See text infra. 5 Gaylord Container Corp. v. Miley, 5 Cir., 1956, 230 F.2d 177. 6 There are numerous cases holding that the mere sale of liquor to an intoxicated person does not create liability by the s......