American Linseed Co. v. Heins
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This action was brought to recover damages for personal injuries, and resulted in a verdict in favor of the plaintiff. The facts out of which it arose may be briefly stated as follows: Plaintiff in error, the American Linseed Company, is a corporation owning and operating a mill for the manufacture of linseed oil at St. Paul, Minn.
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In Error to the Circuit Court of the United States for the District of Minnesota. This action was brought to recover damages for personal injuries, and resulted in a verdict in favor of the plaintiff. The facts out of which it arose may be briefly stated as follows: Plaintiff in error, the American Linseed Company, is a corporation owning and operating a mill for the manufacture of linseed oil at St. Paul, Minn. Side tracks are located adjacent to the mill, upon which cars containing grain are switched. In order, however, to place these cars at the precise point where the grain can be…
1Opinion of the CourtAmidon, District Judge
Upon the entire record we entertain serious doubt as to whether there is any evidence of defendant’s negligence which would entitle the plaintiff to recover. The negligence assigned in the complaint is, first, that the defendant failed to cover and protect the drum and cable as required by the factory act of Minnesota, which reads as follows;
“All saws, planers, * * * drums and machinery, Including belts, shafting, cables and the fly-wheels of every description * * * in any factory, mill or workshop shall be so located as not to be dangerous to workmen or shall be as far as practicable…
2Cases cited4 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Morris v. Duluth, S. S. & A. Ry. Co.Court of Appeals for the Eighth Circuit · 1901
- Dawson v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
3Cited by8 opinions
- Johns-Manville, Inc. v. PockerCourt of Appeals for the Eighth Circuit · 1928
- Federal Lead Co. v. SwyersCourt of Appeals for the Eighth Circuit · 1908
- Kyner v. Portland Gold Mixing Co.Court of Appeals for the Eighth Circuit · 1910
- Maki v. Union Pac. Coal Co.Court of Appeals for the Eighth Circuit · 1911
- Union Pac. R. Co. v. BradyCourt of Appeals for the Eighth Circuit · 1908
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