Mississippi River Logging Co. v. Schneider
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Western District of Wisconsin. This suit was to recover damages sustained by Bawrence Schneider, the defendant in error, .on the 27th day of September, 1892, while in the service of tlie Mississippi River, Logging Company, tlie plaintiff in error, alleged to have occurred through negligence and failure of duty on the part of the master.
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In Error to the Circuit Court of the United States for the Western District of Wisconsin. This suit was to recover damages sustained by Bawrence Schneider, the defendant in error, .on the 27th day of September, 1892, while in the service of tlie Mississippi River, Logging Company, tlie plaintiff in error, alleged to have occurred through negligence and failure of duty on the part of the master. The plaintiff in error operated a band-saw mill in the city of Eau Claire, which extended in an easterly direction on the north bank of the Eau Claire river, and fronted to the east. At the easterly…
1Opinion of the CourtJenkins, Circuit Judge
In considering whether the trial court correctly refused to direct a verdict for the defendant, we are obliged to view the evidence in the light that is most favorable to the defendant in error. We must., therefore, assume that lie was directed temporarily to perform a service outside of his usual employment, and one for which he had not engaged; although it is not clear from the pleadings or fto-m the evidence that such was tile fact. The question atices with respect to the liability of a master in such case. In Reed v. Stockmeyer (herewith decided) 74 Fed. 186, we had occasion to assert…
2Cases cited13 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
- Titus v. Bradford etc. R., Pennsylvania Court of Common Pleas, McKean County1890
- Kohn v. McNultaSupreme Court of the United States · 1893
- Hewitt v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Fritz v. Salt Lake & Ogden Gas & Electric Light Co.Utah Supreme Court · 1899
- Lake v. Shenango Furnace Co.Court of Appeals for the Eighth Circuit · 1908
- National Biscuit Co. v. NolanCourt of Appeals for the Eighth Circuit · 1905
- H. D. Williams Cooperage Co. v. HeadrickCourt of Appeals for the Eighth Circuit · 1908
- American Window Glass Co. v. NoeCourt of Appeals for the Seventh Circuit · 1908
12 more not listed; retrieve them via the Exa API.