Nyback v. Champagne Lumber Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court oí the United States for the Western District of Wisconsin. Upon the return of this case to tho circuit court after the decision upon tho first writ of error (33 C. O. A. 269, 90 Fed. 774), an amended declaration was filed, in which to the original charge of failure properly to light tho mill, to instruct the plaintiff where and how to do his work, and to warx him of the dangers incident thereto, a charge was added of negligent eot«straction of…
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In Error to the Circuit Court oí the United States for the Western District of Wisconsin. Upon the return of this case to tho circuit court after the decision upon tho first writ of error (33 C. O. A. 269, 90 Fed. 774), an amended declaration was filed, in which to the original charge of failure properly to light tho mill, to instruct the plaintiff where and how to do his work, and to warx him of the dangers incident thereto, a charge was added of negligent eot«straction of the mill, in that proper and adequate guards, railings, u ••«jiina: means of protection were not placed and maintained…
1Opinion of the CourtWoods, Circuit Judge
The better method of dealing with special instructions, doubtless, is to incorporate such as are approved in the charge of the court and give them to the jury, without mention of the fact that they were requested by either party. The right to ask special instructions does not include the privilege of submitting an argument upon the evidence, and no instruction or series of instructions explaining or discussing the bearing of the evidence either upon the whole case or upon a particular issue or question should be allowed to go to the jury as the work of counsel. Whatever presentation of…
2Cases cited16 opinions
- Starr v. United StatesSupreme Court of the United States · 1894
- Head v. HargraveSupreme Court of the United States · 1882
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Blake v. . FerrisNew York Court of Appeals · 1851
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
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3Cited by20 opinions
- New Prime Inc. v. OliveiraSupreme Court of the United States · 2019
- Murray's CaseSupreme Judicial Court of Maine · 1931
- Terry Dairy Co. v. ParkerSupreme Court of Arkansas · 1920
- Irvan v. BoundsSupreme Court of Arkansas · 1943
- Chicago, M. & St. P. Ry. Co. v. MooreCourt of Appeals for the Eighth Circuit · 1909
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