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.

Court
U.S. Court of Appeals for the Tenth Circuit
Position
circuit
Status
Deceased
Served
1921–1941
Appointed by
Warren G. Harding (Republican)
Commissioned
1921-11-15
Education
Westminster College, Fulton, Missouri; Read law, admitted to the bar 1880
Signed orders read
31

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”

An instruction challenge was waived when counsel did not identify the objection at the time of the charge.

“the second, if error, was waived by failure to point out at the time the part objected to”

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.

Atchison, T. & S. F. Ry. Co. v. Consolidated Cut Stone Co.
· 1931-02-13
Appeal (defendant-appellant) Denied

“Judgments affirmed.”

Muir v. Ferguson
· 1931-12-02
Appeal (defendant-appellant) Denied

“Affirmed.”

Centerville State Bank v. National Surety Co.
· 1929-12-31
Appeal (plaintiff-appellant) Granted

“The judgment is reversed with directions to vacate it”

Kansas City Southern Ry. Co. v. Littlefield
· 1930-01-29
Appeal (defendant-appellant) Denied

“Judgment affirmed.”

Staley v. Espenlaub
· 1930-09-02
Appeal (plaintiff-appellant) Denied

“The judgment is affirmed.”

Davis v. Tolowa Royalties, Inc.
· 1930-04-04
Appeal (plaintiff-appellant) Denied

“Decree below affirmed.”

Wright v. Central Nat. Bank of Topeka
· 1929-12-31
Appeal (plaintiff-appellant) Moot / procedural

“The appeal will be dismissed, all costs taxed against appellants”

Hollingsworth v. Multa Trina Ditch Co.
· 1931-07-29
Appeal (plaintiff-appellant) Denied

“As so modified the order of dismissal is affirmed.”

Pope v. Utah-Idaho Cent. R.
· 1931-12-15
Appeal (plaintiff-appellant) Denied

“Affirmed.”

United States v. Gower
· 1931-05-29
Appeal (appellant-United-States) Denied

“Judgments affirmed.”

Skelley v. United States
· 1930-01-04
Appeal (defendant-appellant) Granted

“The judgment is reversed with directions to sustain the demurrer and discharge the defendant.”

Padgett v. Chicago, R. I. & P. Ry. Co.
· 1931-12-15
Appeal (plaintiff-appellant) Granted

“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. If you're preparing for a matter, start from the court's current bench.