Crane Elevator Co. v. Lippert
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action by Frank Lippert against the Crane Elevator Company for personal injuries. Plaintiff obtained judgment. Defendant brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action by Frank Lippert against the Crane Elevator Company for personal injuries. Plaintiff obtained judgment. Defendant brings error. This was an action commenced in a state court, and removed thence into the court below. • The defendant in error, through his guardian ad litem, brought suit against the plaintiff in error to recover damages for personal injuries alleged to have been caused by its negligence. The defendant in error, who was 15 years of age, was at the time of his injury, September 12,…
1Opinion of the Court
After making tlie foregoing statement of facts, the opinion of the court was delivered by
BAKER, District Judge.
The plaintiff in error contends that no contract relation existed between it and the defendant in error, and that the injury complained of did not arise out of, or occur in consequence of, any privity of contract between it and the defendant in
*945error, and hence that no duty is shown, the violation of which gave him a right of action in this case. It is also insisted that the remedy w'hich the defendant in error might have had against the owner of the building or his employer does not…
2Cases cited11 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
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3Cited by29 opinions
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- Ensign v. Southern Pacific Co.California Supreme Court · 1924
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