McMyler Mfg. Co. v. Mehnke
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; William E. Day, Judge. Action by August Mehnke against the McMyler Manufacturing Company. Judgment for plaintiff, and defendant brings error. Melmke, a citizen of Russia, brought this action, in the District Court, against an Ohio corporation, to recover damages caused by injury received while he was working as a machinist in defendant’s shop.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; William E. Day, Judge. Action by August Mehnke against the McMyler Manufacturing Company. Judgment for plaintiff, and defendant brings error. Melmke, a citizen of Russia, brought this action, in the District Court, against an Ohio corporation, to recover damages caused by injury received while he was working as a machinist in defendant’s shop. His ease was that other employes were set at work near him chipping a casting, and that their work was so negligently done that a flying chip…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [2] The rule of distinction between assumption of risk and contributory negligence and the application of that rule to concrete cases have received extended consideration. The latest discussion by the Supreme Court has been in the case of Schlemmer v. Railroad, 205 U. S. page 1, 27 Sup. Ct. 407, 51 L. Ed. 681, and in the same case, on the second review, 220 U. S. page-590, 31 Sup. Ct. 561, 55 L. Ed. 596.3 When each, alike, constituted a complete defense, the distinction was largely academic, and it was natural that the terms should be used with some…
2Cases cited5 opinions
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1911
- Texas & Pacific Railway Co. v. HarveySupreme Court of the United States · 1913
- Sterling Paper Co. v. HamelCourt of Appeals for the Sixth Circuit · 1913
- Yazoo & M. V. R. v. WrightCourt of Appeals for the Sixth Circuit · 1913
3Cited by11 opinions
- Cincinnati, N. O. & T. P. Ry. Co. v. ThompsonCourt of Appeals for the Sixth Circuit · 1916
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- La Belle Box Co. v. StricklinCourt of Appeals for the Sixth Circuit · 1914
- New York, C. & St. L. R. Co. v. McDougallCourt of Appeals for the Sixth Circuit · 1926
- Fey v. Nashville Gas & Heating Co.Court of Appeals of Tennessee · 1933
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