Columbia & Puget Sound Railroad v. Hawthorne
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF WASHINGTON. This was an action brought in a district court of the Territory of Washington, against a corporation owning a saw-mill, by a man employed in operating a machine therein, called a trimmer, to recover damages for the defendant’s negligence in providing an unsafe and defective machine, whereby one of the pulleys, over which ran the belt transmitting power to the saw,- fell upon and injured the plaintiff.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF WASHINGTON. This was an action brought in a district court of the Territory of Washington, against a corporation owning a saw-mill, by a man employed in operating a machine therein, called a trimmer, to recover damages for the defendant’s negligence in providing an unsafe and defective machine, whereby one of the pulleys, over which ran the belt transmitting power to the saw,- fell upon and injured the plaintiff. The defendant denied any negligence on its part, and averred negligence on the part of the plaintiff. At the trial, the plaintiff…
1Opinion of the CourtJustice Gray
The question of the sufficiency of the evidence for the plaintiff to support his action cannot be considered by this court. It has repeatedly been decided that a request for a ruling that upon the evidence introduced the plaintiff is not entitled to .recover cannot be made by the defendant, as a matter of right,- unless at the close of the whole evidence; and that if the defendant, at the close of the plaintiff’s evidence, and without resting ' his own case, requests and is refused such a ruling, the refusal cannot be assigned for error. Grand Trunk Railway v. Cummings, 106 U. S. 700;…
2Cases cited8 opinions
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Accident Insurance v. CrandalSupreme Court of the United States · 1887
- Northern Pacific Railroad v. MaresSupreme Court of the United States · 1887
- Missouri Pacific Railway Co. v. HennesseyTexas Supreme Court · 1889
- Corcoran v. . Village of PeekskillNew York Court of Appeals · 1888
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3Cited by206 opinions
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- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Ortho Pharmaceutical Corp. v. ChapmanIndiana Court of Appeals · 1979
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