KOSTER & WYTHE v. MASSEY

No. 16887.

293 F.2d 922 (1961)

KOSTER & WYTHE, etc., Appellant, v. Lon MASSEY et al., Appellee. Lon MASSEY et al., Appellant, v. KOSTER & WYTHE, etc., Appellee.

United States Court of Appeals Ninth Circuit.

May 17, 1961.


Attorney(s) appearing for the Case

Spiegel, Turner, Barrett & Ferenz, Agana, Guam, and Lyle H. Turner and W. Scott Barrett, San Francisco, Cal., for appellants.

Finton J. Phelan, Jr., Agana, Guam, and Roy C. Hall, San Francisco, Cal., for appellees.

Before POPE, HAMLIN and MERRILL, Circuit Judges.


MERRILL, Circuit Judge.

This case presents the question whether the demilitarization of incendiary bombs in the manner adopted by the appellee constitutes an ultrahazardous activity so as to impose liability for foreseeable harm irrespective of the exercise of due care. The district court held that it did not. We are compelled to disagree.

Appellee Massey was engaged in the scrap and salvage business in Tamuning, Guam. He operated a junk yard approximately...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases