Dixie-Land Iron & Metal Co., Inc. v. Piedmont Iron & Metal Co. & Philip Goldberg, 583 F.2d 717 (5th Cir. 1978). · Go Syfert
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Dixie-Land Iron & Metal Co., Inc. v. Piedmont Iron & Metal Co. & Philip Goldberg, 583 F.2d 717 (5th Cir. 1978). Cases Citing This Book View Copy Cite
“where truck and towed trailer are involved in an accident, the courts are well-advised to avoid the metaphysics and hold that the accident arose out of the use of each.”
43 citation events (13 in the last 25 years) across 24 distinct courts.
Strongest positive: Great American Insurance Company v. Moore Freight Service, Inc. (ca11, 2018-06-08)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Great American Insurance Company v. Moore Freight Service, Inc.
11th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
where truck and towed trailer are involved in an accident, the courts are well-advised to avoid the metaphysics and hold that the accident arose out of the use of each.
discussed Cited as authority (rule) Aaron v. Illinois National Insurance Company
E.D. La. · 2023 · confidence medium
Co. v. 1906 Co., 129 F.3d 802 , 807 (5th Cir. 1997) (interpreting an insurance provision using similar rules of construction pursuant to Mississippi law) (citing Blue Bird Body Co. v. Ryder Truck Rental, Inc., 583 F.2d 717, 726 (5th Cir.1978)).
discussed Cited as authority (rule) Carolina Casualty Insurance v. Travelers Property Casualty Co.
D.N.J. · 2014 · confidence medium
As we stated in Canal Insurance Co., supra, at 375, “the tractor and trailer were operated together as a unit, both being under the control, or lack of it, of the driver.” See Risjord & Austin, 7 Automobile Liability Insurance Cases 9540, where the authors approve the result reached in Smith, su pra, and state, “Where a truck and towed trailer are involved in an accident, the courts are well-advised to avoid the metaphysics and hold that the accident arose out of the use of each.” Blue Bird Body Co. v. Ryder Truck Rental, Inc., 583 F.2d 717, 726-727 (5th Cir.1978) (footnote omitted).
discussed Cited as authority (rule) Taurus Holdings v. US Fidelity
Fla. · 2005 · confidence medium
Co. v. Erwin, 393 So.2d 996, 998 (Ala.1981) ("The phrase `arising out of' has been broadly construed. . . . `Arising out of' . . . are words of much broader significance than `caused by.'") *536 (quoting Blue Bird Body Co. v. Ryder Truck Rental, Inc., 583 F.2d 717, 726 (5th Cir.1978)); Allstate Ins.
discussed Cited as authority (rule) American Guarantee And Liability Insurance Company v. The 1906 Company
5th Cir. · 1997 · confidence medium
The phrase "arising out of" is ordinarily understood to mean "originating from," "having its origin in," "growing out of," or "flowing from." See, e.g., Blue Bird Body Co. v. Ryder Truck Rental, Inc., 583 F.2d 717, 726 (5th Cir.1978).
discussed Cited as authority (rule) Lindsey v. Colonial Lloyd's Ins. Co.
La. · 1992 · confidence medium
Jan. 1, 1993, expands this definition to include self-insurance. [9] For a similar case, see Blue Bird Body Co. v. Ryder Truck Rental Inc., 583 F.2d 717, 724 (5th Cir.1978) (applying Mississippi law, the court concluded Liberty Mutual's endorsement incorporated the rental agreement, which reduced coverage for lessees, by reference.) [10] In Truck Ins.
discussed Cited as authority (rule) John R. Murdock v. Thomas D. Dinsmoor, Etc., Appeal of the Town of Gilsum, N.H.
1st Cir. · 1989 · confidence medium
Co., 91 A.D.2d 317, 320-21 , 459 N.Y.S.2d 158 (1983); Blue Bird Body Co. v. Ryder Truck Rental, Inc., 583 F.2d 717, 726 (5th Cir.1978); Underwriters at Lloyd’s of London v. Cordova Airlines, Inc., 283 F.2d 659 , 664 (9th Cir.1960); St.
cited Cited "see" Lynch v. Yob
Ohio · 2002 · signal: see · confidence high
See Blue Bird Body Co., Inc. v. Ryder Truck Rental, Inc. (C.A.5, 1978), 583 F.2d 717, 726-727 . .
cited Cited "see" Lynch v. Yob
Ohio · 2002 · signal: see · confidence high
See Blue Bird Body Co., Inc. v. Ryder Truck Rental, Inc. (C.A.5, 1978), 583 F.2d 717 , 726-727. 2 January Term, 2002 coverage under the main policy is not available.
cited Cited "see" Perez Trucking, Inc. v. Ryder Truck Rental, Inc.
Wash. Ct. App. · 1994 · signal: see · confidence high
See Blue Bird Body Co. v. Ryder Truck Rental, Inc., 583 F.2d 717, 726-27 (5th Cir. 1978).
cited Cited "see" Perry v. State Farm Mutual Automobile Insurance
S.D. Miss. · 1985 · signal: see · confidence high
See Bluebird Body Company v. Ryder Truck Rental, Inc., 583 F.2d 717 , 723 (5th Cir.1978).
discussed Cited "see" Ryder Truck Rental v. US Fidelity & Guaranty Co. (2×) also: Cited "see, e.g."
E.D. Mo. · 1981 · signal: see · confidence high
See Blue Bird Body Co. v. Ryder Truck Rental, supra at 727; McDaniels v. Great Atlantic & Pac.
discussed Cited "see, e.g." Fireman's Fund Insurance v. Empire Fire & Marine Insurance
E.D. Pa. · 2001 · signal: see also · confidence medium
See Contrans, Inc., v. Ryder Truck Rental, Inc., 836 F.2d 163, 165 (3d Cir.1988) (“It is an accepted principle of insurance law that where an accident arises out of the use of a combined vehicle such as a tractor-trailer and where separate policies cover the tractor and the trailer, all insurance applicable to the combined vehicle comes into play, regardless of which part of the rig was physically involved in the accident.”); see also Blue Bird Body Co. v. Ryder Truck Rental, Inc., 583 F.2d 717, 726-27 (5th Cir.1978) (when accident arises out of the use of a tractor-trailer, it implicates …
discussed Cited "see, e.g." Moore v. Nayer
N.J. Super. Ct. App. Div. · 1999 · signal: see also · confidence medium
Generally, where there is overlapping coverage, courts look to the "other insurance" clauses. [9] See Cosmopolitan Mutual Insurance Co. v. Continental Casualty Co., 28 N.J. 554, 559 , 147 A. 2d 529 (1959); see also Blue Bird Body Co., Inc. v. Ryder Truck Rental, Inc., 583 F. 2d 717, 719 (5th Cir.1978) (based on other insurance clauses both policies applied to the loss on equal basis); Contrans, Inc. v. Ryder Truck Rental, Inc., 836 F. 2d 163, 165-166 (3d Cir.1987) (where an accident arises out of a rig whose component parts are separately insured, all insurance applicable to the combined vehic…
discussed Cited "see, e.g." Contrans, Inc. v. Ryder Truck Rental, Inc.
3rd Cir. · 1988 · signal: see, e.g. · confidence medium
See, e.g., Blue Bird Body Co. v. Ryder Truck Rental, Inc., 583 F.2d 717, 726-27 (5th Cir.1978) (holding that both tractor policy and trailer policy apply, no matter which component was actually involved in the accident, citing cases from various jurisdictions); Insurance Co. of North America v. Royal Indemnity Co., 429 F.2d 1014, 1017-19 (6th Cir.1970) (trailer policy applies merely because trailer was in use at time of accident); Liberty Mutual Insurance Co. v. Home Insurance Co., 432 F.Supp. 117, 120 (M.D.Pa.1977) (same).
discussed Cited "see, e.g." Contrans, Inc. v. Ryder Truck Rental, Inc.
3rd Cir. · 1988 · signal: see, e.g. · confidence medium
See, e.g., Blue Bird Body Co. v. Ryder Truck Rental, Inc., 583 F.2d 717, 726-27 (5th Cir.1978) (holding that both tractor policy and trailer policy apply, no matter which component was actually involved in the accident, citing cases from various jurisdictions); Insurance Co. of North America v. Royal Indemnity Co., 429 F.2d 1014, 1017-19 (6th Cir.1970) (trailer policy applies merely because trailer was in use at time of accident); Liberty Mutual Insurance Co. v. Home Insurance Co., 432 F.Supp. 117, 120 (M.D.Pa.1977) (same).
discussed Cited "see, e.g." Mission Insurance v. Hartford Insurance
Cal. Ct. App. · 1984 · signal: see, e.g. · confidence low
See, e.g., Blue Bird Body Co, v. Ryder Truck Rental, 583 F.2d 717 , 726 (5th Cir. 1978); Insurance Company of North America v. Royal Indemnity Company, 429 F.2d 1014, 1017-1018 (6th Cir. 1970); Hartford Accident and Indemnity Company, Inc. v. Liberty Mutual Insurance Co., 277 So.2d 775, 776 (Fla. 1973); State Automobile Mutual Insurance Co. v. State Farm Mutual Automobile Insurance Co., 456 F.2d 238, 240 (6th Cir. 1972); American Fire and Casualty Co. v. Allstate Ins.
Retrieving the full opinion text from the archive…
DIXIE-LAND IRON & METAL COMPANY, INC., Plaintiff-Appellee,
v.
PIEDMONT IRON & METAL COMPANY and Philip Goldberg, Defendants-Appellants
76-3355.
Court of Appeals for the Fifth Circuit.
Nov 6, 1978.
583 F.2d 717
Wm. J. Williams, Augusta, Ga., for Philip Goldberg and N. Cohen., George R. Ragsdale, Peter M. Foley, Raleigh, N.C., for Piedmont Iron & Metal Co., Glenville Haldi, Atlanta, Ga., for plaintiff-appellee.
Brown, Per Curiam, Thornberry, Tuttle.
Cited by 1 opinion  |  Published
PER CURIAM:

After receipt of the record for purpose of the appeal the appellant’s counsel learned for the first time that while the jury was deliberating, the Trial Judge responded directly to an inquiry [1] from the jury without notifying counsel either as to the fact of inquiry or the answer given.

Considering the Court’s charge to the jury there was at least the possibility that the jury in determining the actions of the various defendant participants could legitimately have found varying amounts as to the several defendants. Consequently we have no basis for concluding that this action of the Trial Judge was not harmful. Absent that the venerable case of Fillipon v. Albion Vein Slate Co., 1919, 250 U.S. 76, 39 S.Ct. 435, 63 L.Ed. 853, compels reversal. See also Rogers v. United States, 1974, 422 U.S. 35, 95 S.Ct. 2091, 45 L.Ed.2d 1; Pe trycki v. Youngstown & Northern R. R. Co., 6 Cir., 1976, 531 F.2d 1363, cert. denied, 1976, 429 U.S. 860, 97 S.Ct. 161, 50 L.Ed.2d 138. As it is not likely that the other asserted errors will recur on retrial, we need not discuss them.

Reversed.

1

. “If we find for the plaintiff, do we lump the verdict? Do we pro-rate it? If so, how?”

“No pro-ration.” [signed with the Judge’s initials]