(DOWNLOAD) "Goodwin v. Enserch Corp." by United States Court of Appeals for the Tenth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Goodwin v. Enserch Corp.
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 02, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Order On consideration of the merits of the petition for rehearing, the petition is denied. The assertion that the court relied only on evidence concerning prior knowledge of leaks based on repairs 15 years before the accident is incorrect. Such evidence tends to show long-standing knowledge of leakage, but, in addition, the petition ignores the fact that there was expert testimony, inter alia, that gas had probably been leaking for ""several months before the accident."" IV R. 504.05. There was expert testimony that there was leaking gas that migrated into the decedent's dwelling and caused the fatal fire. Concluding that there was ample direct and circumstantial evidence, as detailed in the opinion, to support the jury's finding of negligence, we deny the petition for rehearing. See Slip Op. at 13-16. The petition for rehearing with the suggestion for rehearing en banc having been distributed to the hearing panel and the full court, Rule 35(b), Fed. R. App. P., and no Judge of the hearing panel and no Judge in regular active service on the court having requested a poll, the suggestion for rehearing en banc is denied.
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