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MITCHELL v. YOUNG REFINING CORPORATION

No. 74-3368.

517 F.2d 1036 (1975)

Richard Leon MITCHELL, Plaintiff-Appellant, v. YOUNG REFINING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 21, 1975.

Attorney(s) appearing for the Case

Warner R. Wilson, Jr., Earl B. Benson, Atlanta, Ga., for plaintiff-appellant.

Paul M. Talmadge, Jr., S. Seaborn Jones, Atlanta, Ga., for defendant-appellee.

Before COLEMAN, MORGAN and CLARK, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

In a diversity action based on negligence, summary judgment was granted in favor of the defendant-appellee, Young Refining Corporation, on the grounds that the plaintiff-appellant Mitchell had assumed the risk of injury to himself when he stepped on some greasy pipes adjacent to a railroad spur on Young Refining's premises. Finding that the district court correctly interpreted Georgia law applicable to the undisputed facts on the assumption...

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