Barber Asphalt Paving Co. v. Austin
Court of Appeals for the Eighth Circuit
. In Error to the Circuit Court of the United States for the Southern District of Iowa. : Action by Charles Austin against the Barber Asphalt Paving Company. There was a judgment for plaintiff, and defendant brings error. This was a suit to recover damages for injuries alleged to have been occasioned by the negligence of the defendant company in maintaining an open manhole on its premises into which plaintiff fell and sustained an injury.
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. In Error to the Circuit Court of the United States for the Southern District of Iowa. : Action by Charles Austin against the Barber Asphalt Paving Company. There was a judgment for plaintiff, and defendant brings error. This was a suit to recover damages for injuries alleged to have been occasioned by the negligence of the defendant company in maintaining an open manhole on its premises into which plaintiff fell and sustained an injury. The defenses were a denial of defendant’s negligence, assumption of risk, and contributory negligence by plaintiff. • • There was substantial testimony…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). The important question in this case is whether the Circuit Court erred in refusing to instruct the jury to return a verdict for the defendant. It is claimed this should have been done because there was no substantial evidence of negligence by the defendant and because the evidence Conclusively showed plaintiff to have assumed the risk and to- have been guilty of contributory negligence.
*445[1] We find it unnecessary to detail the evidence with respect to defendant’s negligence. The learned trial judge fairly submitted this question to the jury. He told them:
“Now…
2Cases cited9 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Colorado Milling & Elevator Co. v. MitchellSupreme Court of Colorado · 1899
- Crookston Lumber Co. v. BoutinCourt of Appeals for the Eighth Circuit · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- American District Telegraph Co. v. KittlesonCourt of Appeals for the Eighth Circuit · 1950
- Hardwick v. BublitzSupreme Court of Iowa · 1961
- Louis v. Smith-McCormick Construction Co.West Virginia Supreme Court · 1917
- Moose v. Galigher Machinery Co.Utah Supreme Court · 1918