Legal Opinion

Iowa Portland Cement Co. v. Lamandola

Court of Appeals for the Eighth Circuit

Decided November 2, 1915No. 4384PublishedCited by 2 opinions

In Error to the District Court of the United States for the Southern District of Iowa; Smith McPherson, Judge. Action at law by Tony Damandola against the Iowa Portland Cement Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

ADAMS, Circuit Judge.

Lamandola, the plaintiff below, sued the Cement Company for damages alleged to have been sustained by him through its negligence. The defense was a denial of the negligence and pleas of contributory negligence" and of assumption of the risk. A recovery was had by him,.and the Cement Company prosecutes this writ of error.

The main facts are these: The Cement Company was engaged in the business of manufacturing cement, and for this purpose it required intense heat. To produce this, it installed a plant of this kind: It constructed several large iron or steel cylinders 6 feet…

2Cases cited7 opinions

  1. Perovich v. United StatesSupreme Court of the United States · 1907
  2. Poli v. Numa Block Coal Co.Supreme Court of Iowa · 1910
  3. Stephenson v. Sheffield Brick & Tile Co.Supreme Court of Iowa · 1911
  4. Verlin v. United States Gypsum Co.Supreme Court of Iowa · 1912
  5. Republic Elevator Co. v. LundCourt of Appeals for the Eighth Circuit · 1912

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3Cited by2 opinions

  1. Illinois Central Railroad v. Skinner's AdministratrixCourt of Appeals of Kentucky · 1917
  2. Woolfe v. Ohio Oil Co.Court of Appeals for the Sixth Circuit · 1923

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