PFISTER ET AL.

v.

COW GULCH OIL CO. ET AL.

Citator

Cited By (24 total)

• Tampa Drug Co. v. Wait, 103 So. 2d 603 (Fla. 1958)
  …ty to take reasonable precautions to avoid reasonably foreseeable injuries to those who might use the commodity. See Matthews v. Lawnlite Co., Fla.1956, 88 So. 2d 299; also see Pierce v. Ford Motor Co., 4 Cir., 190 F. 2d 910, certiorari denied 1951, 342 U.S. 887, 72 S.Ct. 178, 96 L.Ed. 666; Prosser on Torts, pp. 206-210, 674-683; Restatement of the Law of Torts, Sections 388 and 398. The measure of the duty of the distributor of an inherently dangerous commodity is now well established to be the reasonable…
• The Wash. Post Co. v. Keogh, 365 F.2d 965 (D.C. Cir. 1966)
  …e, so courts must be ever careful to grant summary judgment only when no issue of fact is controverted or turns upon a choice between permissible inferences from undisputed evidence. See Pierce v. Ford Motor Co., 4 Cir., 190 F. 2d 910, cert. denied, 342 U.S. 887, 72 S.Ct. 178, 96 L.Ed. 666 (1951). This need for care has given rise to the valid generalizations that summary judgment must be denied when there is “doubt” whether an issue of fact has been raised, and that summary judgment is not usually appropri…
• Ross v. Commc'ns Satellite Corp., 759 F.2d 355 (4th Cir. 1985)
  …summary judgment proper, and even where a directed verdict would be proper after hearing the evidence, the district court should not try the case in advance by summary judgment. Pierce v. Ford Motor Co., 190 F. 2d 910, 915 (4th Cir.), cert. denied, 342 U.S. 887, 72 S.Ct. 178, 96 L.Ed. 666 (1951). The non-moving party is in a favorable posture, being entitled “to have the credibility of his evidence as forecast assumed, his version of all that is in dispute accepted, all internal conflicts in it resolved…