Lake v. Shenango Furnace Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This is an action for damages that resulted from the death of John K. Laurila, which the plaintiff below alleged was caused by the negligence of the-defendant company, his master, in that it employed only two when it should have hired three servants to operate the drum used at its shaft No. 2 to lower timber into its mine.
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In Error to the Circuit Court of the United States for the District of Minnesota. This is an action for damages that resulted from the death of John K. Laurila, which the plaintiff below alleged was caused by the negligence of the-defendant company, his master, in that it employed only two when it should have hired three servants to operate the drum used at its shaft No. 2 to lower timber into its mine. The defenses were that the defendant was not negligent, that the deceased asssumed the risk of operating the drum with two men,, and that he was guilty of negligence which contributed to his…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). The evidence in this case conclusively proved that there was one and only one indispensable condition of safety in the doing of the specific act in the performance of which Laurila lost his life in the lowering of the loads of timber into the shaft, and that condition was that the load should not be slid, or pushed, or swung into or over the shaft until the brake was applied to the drum by means of its lever. If the load went into the shaft before the brake was applied, .it would as certainly descend and produce danger of injury and death when three as when…
2Cases cited23 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
18 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Canadian Northern Ry. Co. v. SenskeCourt of Appeals for the Eighth Circuit · 1912
- Jackson v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1910
- Kenney v. Washington Properties, Inc.Court of Appeals for the D.C. Circuit · 1942
- Chicago, R. I. & P. R. Co. v. JacksonSupreme Court of Oklahoma · 1917
20 more not listed; retrieve them via the Exa API.