ZURICH GENERAL ACCIDENT & LIABILITY INS. CO., LTD.,

v.

O'KEEFE

Citator

Cited By

• Zurich General Accident v. O'Keefe, 64 F.2d 768 (8th Cir. 1933)
  …briefs on both appeals that the proper construction of said section 6501 was and is one of the vital issues in the case. A rehearing on the former appeal was asked but was denied. Certiorari to the Supreme Court of the United States was also denied (282 U. S. 898, 51 S. Ct. 182, 75 L. Ed. 791). In its opinion on the former appeal, this court used the following language: “Looking first at the language of the North Dakota statute, deferring until later any study of decided eases construing it and similar sta…
• Escandon v. Pan Am., 88 F.2d 276 (5th Cir. 1937)
  …aning, and be construed to include any infraction of the maxim, sic utere tuo ut alienum non laedas, it creates no right of action which does not exist at common law. Cole v. Seaboard Air Line Ry. Co., 199 N. C. 389, 154 S.E. 682, certiorari denied, 282 U.S. 898, 51 S.Ct. 182, 75 L.Ed. 791. It is elementary that no recovery may be had for an assault and battery to prevent or abate a trespass, if no more force be used than is reasonably necessary. What is reasonably necessary is a question of fact. Commonwe…