Legal Opinion

Jackson Knife & Shear Co. v. Hathaway

Ohio Circuit Courts

Decided May 16, 1903Published

Error to Sandusky common pleas court. Death, of inexperienced boy caused by dangerous or defective or unsafe machinery or appliances. See Union Pac. Ry. v. Fort, 84 U. S. (17 Wall.) 553 [21 L. Ed. 739]; Shearman & Redfield, Negligence (5 ed.) Sec. 219, page 389, citing Hamilton v. Railway, 54 Tex. 556; Goff v. Railway, 36 Fed. Rep. 299; Taylor v. Railway, 41 W. Ya. 704 [24 S. E. Rep. 631]; Pitts. C. & St. L. Ry. v. Adams, 105 Ind. 151 [5 N. E. Rep. 187], citing, Atlas Eng.

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Error to Sandusky common pleas court. Death, of inexperienced boy caused by dangerous or defective or unsafe machinery or appliances. See Union Pac. Ry. v. Fort, 84 U. S. (17 Wall.) 553 [21 L. Ed. 739]; Shearman & Redfield, Negligence (5 ed.) Sec. 219, page 389, citing Hamilton v. Railway, 54 Tex. 556; Goff v. Railway, 36 Fed. Rep. 299; Taylor v. Railway, 41 W. Ya. 704 [24 S. E. Rep. 631]; Pitts. C. & St. L. Ry. v. Adams, 105 Ind. 151 [5 N. E. Rep. 187], citing, Atlas Eng. Works v. Randall, 100 Ind. 293 [50 Am. Rep. 798]; Hill v. Gust, 55 Ind. 45; Hawkins .v. Johnson, 105 Ind. 29 [4 N. E.…

1Opinion of the CourtHull, J.

This action was brought by the defendant in error to recover damages against the Jackson Knife and Shear Company, for the death of Jesse Helmic, who was a minor and whose injuries it is claimed were due to the negligence of the defendant. And when I say defendant in this case, I mean the defendant below, and the same as to plaintiff.

The deceased was about seventeen years of age and he was at work in the shop of the defendant, and it was claimed that he was put at a piece of dangerous work without being given proper instructions by the defendant or by its foreman, as to how the work should be…

2Cases cited1 opinion

  1. Frost & Bentley v. BenedictNew York Supreme Court · 1855

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