Metropolitan Redwood Lumber Co. v. Davis
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern District of California; John J. De Haven, Judge. Action by Hugh Davis against the Metropolitan Redwood Dumber Company. Judgment for plaintiff, and defendant brings error.
Read the full summary
In Error to the District Court of the United States for the Second Division of the Northern District of California; John J. De Haven, Judge. Action by Hugh Davis against the Metropolitan Redwood Dumber Company. Judgment for plaintiff, and defendant brings error. The plaintiff In error was engaged in logging operations, ahd in cutting redwood and fir trees and conveying the same by means of a wire cable about 1,200 feet long, attached to a steam engine which was stationed at a point at which the logs were to be loaded on the cars for transportation to its mill. The road by which the logs were…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] Error is assigned to the following instruction of the court to the jury:
“The evidence in this casé shows without any conflict that, if there was any negligence in the construction or use of this ‘Tommy Moore’ strap, it was the negligence of the foreman of the crew there, Gordon, and for that negligence, if there was any, the defendant would be responsible.”
It is urged that this instruction was erroneous for the reason that by the evidence it was shown that the plaintiff in error had placed at the disposal of Gordon, its foreman, strong and suitable…
2Cases cited7 opinions
- Peirce v. KileCourt of Appeals for the Seventh Circuit · 1897
- Lafayette Bridge Co. v. OlsenCourt of Appeals for the Seventh Circuit · 1901
- Higgins v. WilliamsCalifornia Supreme Court · 1896
- Nixon v. Selby Smelting & Lead Co.California Supreme Court · 1894
- Northern Pac. Ry. Co. v. WendelCourt of Appeals for the Ninth Circuit · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re Marty's EstateSupreme Court of Iowa · 1964