Haas v. Balch
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota.. At Law. Action by Julius Haas against Foster L. Balch and Henry E. Wetherby for personal injuries received by plaintiff while in defendants’ service. The court directed a verdict for defendants, Plaintiff brings error.
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In Error to the Circuit Court of the United States for the District of Minnesota.. At Law. Action by Julius Haas against Foster L. Balch and Henry E. Wetherby for personal injuries received by plaintiff while in defendants’ service. The court directed a verdict for defendants, Plaintiff brings error. Statement by SHIRAS, District Judge: In the year 1891 the defendants in error, composing the firm of Balch & Wetherby, were engaged in grading down Fourth street, in the city of Stillwater, Minn., and had in their employ a large number of laborers, of whom the plaintiff was one, under the…
1Opinion of the Court
SHIEAS, District Judge,
(after stating the facts.) The undisputed fact that the hank, without any change in the situation affecting its stability, fell down in so short a time after the men had commenced loading the cars, clearly shows that the foreman was in error in assuming that the men could work beneath the same without risk of 'injury. The risk actually existiug could readily have been avoided by using sufficient force to throw down the overhanging portion of the hank, before requiring the men to All the dump cars at this place. Whether, in view of all the facts then known to the…
2Cases cited1 opinion
- District of Columbia v. McElligottSupreme Court of the United States · 1886
3Cited by13 opinions
- Balch v. HaasCourt of Appeals for the Eighth Circuit · 1896
- Dimetre v. Red Wing Sewer Pipe Co.Supreme Court of Minnesota · 1914
- Pioneer Mining & Mfg. Co. v. SmithSupreme Court of Alabama · 1907
- Inland Steel Co. v. KiesslingIndiana Supreme Court · 1910
- Poorman Silver Mines of Colorado, Ltd. v. DevlingSupreme Court of Colorado · 1905
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