Quimbee logo
DMCA.com Protection Status
  • M
  • Mitchell v. Archibald & Kendall, Inc.Mitchell v. Archibald & Kendall, Inc.
From our private database of 16,600+ case briefs...

Mitchell v. Archibald & Kendall, Inc.

United States Court of Appeals for the Seventh Circuit
573 F.2d 429 (7th Cir. 1978)


Lawrence Mitchell (plaintiff) drove a truckload of goods for delivery to Archibald & Kendall, Inc.’s (A & K) (defendant) warehouse. The loading dock was full when Mitchell arrived so A & K employees directed him to wait on a nearby public street. The employees knew or should have known about various criminal acts on the street that had recently occurred, but did not warn Mitchell. While Mitchell was waiting on the street, two men attempted to rob him in his truck and eventually shot him in the face. Mitchell brought suit against A & K, alleging that A & K owed him a duty to protect him against the criminal behavior on the street adjacent to its property. The district court dismissed the complaint for failing to state a claim upon which relief could be granted. Mitchell appealed, claiming that there was a question of fact as to whether the robbery took place on A & K’s premises.

Rule of Law


Holding and Reasoning (Pell, J.)

Dissent (Fairchild, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 435,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,600 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial