Robert E. Lewis
How Judge Lewis rules, drawn from 31 signed orders. Every observation links to the order it came from.
Judge Lewis no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Lewis
Robert E. Lewis was a judge of the United States Court of Appeals for the Tenth Circuit. Appointed by President Warren G. Harding, Judge Lewis was commissioned to the United States Court of Appeals for the Eighth Circuit on November 15, 1921 and reassigned to this court on March 28, 1929. Judge Lewis previously served on the United States District Court for the District of Colorado, commissioned there on April 10, 1906. Judge Lewis assumed senior status on May 31, 1940 and served until death on July 31, 1941.
How Judge Lewis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A company that replaced a public crosswalk for its own convenience assumed a continuing duty to use reasonable care to keep the substitute safe.
“Defendant company, by thus interfering with the existing crosswalk, assumed the duty of using reasonable care and diligence to make the structure which it substituted safe”
The presumption against suicide left the cause of death for the jury when witnesses and circumstances permitted different reasonable conclusions.
“But where the facts are disputable or are of such a character that different minds might reasonably draw different conclusions therefrom, a question is presented for the determination of a jury.”
Procedural preferences
When state and federal courts could each exercise jurisdiction, the tribunal first obtaining control retained it until its function was exhausted.
“the tribunal which first gets it holds it to the exclusion of the other, until its duty is fully performed and the jurisdiction invoked is exhausted”
In Kansas City Southern Ry. Co. v. Littlefield, Lewis held that the railway's challenge to the jury instructions was waived because counsel had not identified the objection when the court charged the jury.
“The first, as herein held, was not error; the second, if error, was waived by failure to point out at the time the part objected to, and the third is a discretionary matter.”
Cautions
A surety's subrogation claim failed when it did not prove that the insured certificates had been funded with money belonging to the obligee.
“appellant wholly failed to prove that Herron paid the monthly dues on the said certificates out of dues and assessments that he should have remitted to the Grand Lodge.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment is reversed with directions to vacate it”
“The appeal will be dismissed, all costs taxed against appellants”
“As so modified the order of dismissal is affirmed.”
“The judgment is reversed with directions to sustain the demurrer and discharge the defendant.”
“Reversed with direction to remand to the state court.”
A historical record
Judge Lewis no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.