Siegesmund v. Chicago, M. & St. P. Ry. Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern District of Wisconsin; Ferdinand A. Geiger, Judge. Action by Otto Siegesmund against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the Eastern District of Wisconsin; Ferdinand A. Geiger, Judge. Action by Otto Siegesmund against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for defendant, and plaintiff brings error. The complaint in this action charges that plaintiff, Siegesinund, was employed by defendant, Chicago, Milwaukee & St. Paul Railway Company, as a machinist’s helper, working in its locomotive repair shops at Milwaukee; that on April 7, 1914, he was injured while engaged in helping the machinist make repairs on a locomotive, which was used by…
1Opinion of the CourtAlschuler, Circuit Judge
(after stating the facts as above).
[1] That the evidence tended to prove negligence on the part of the company resulting in the accident does not seem to be seriously controverted. The evidence of the special danger in this particular work, of the necessity, and the practice in this shop, of imposing some barrier for the chips to strike against, of the control the machinist may exercise as to the direction in which the chips will fly, and of tire act of beginning to chip while Siegesmund was in the particular situation of picking up the bar] make it plain that if the determination of this…
2Cases cited7 opinions
- Texas & Pacific Railway Co. v. SwearingenSupreme Court of the United States · 1904
- Katalia Co. v. RonesCourt of Appeals for the Ninth Circuit · 1911
- Peirce v. ClavinCourt of Appeals for the Seventh Circuit · 1897
- Benson Lumber Co. v. McCannCourt of Appeals for the Ninth Circuit · 1915
- Pennsylvania R. v. JonesCourt of Appeals for the Third Circuit · 1903
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