Leonard Martin Const. Co. v. Highbarger
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. Action by Aaron K. ITighbarger against the Leonard Martin Construction Company. Judgment for plaintiff, and defendant brings error. This was a suit at law for personal injuries suffered by plaintiff below from the falling of a portion of the side of a trench, in which he was doing certain carpenter work during the construction of a roundhouse in Newark, Ohio.
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In Error to the Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. Action by Aaron K. ITighbarger against the Leonard Martin Construction Company. Judgment for plaintiff, and defendant brings error. This was a suit at law for personal injuries suffered by plaintiff below from the falling of a portion of the side of a trench, in which he was doing certain carpenter work during the construction of a roundhouse in Newark, Ohio. The suit was brought in the common pleas court of Licking county, Ohio, and was subsequently removed to tbe Circuit Court of…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The charge of the court to the jury is not included in the record; nolis any special instruction that may have been requested by either side and given or refused. The only assignments of error that need be noticed relate to the evidence. One arises upon an exception to the admission of testimony as to a certain conversation said to have occurred between the superintendent and one of the foremen of plaintiff in error; and tlie other two are based upon the court’s refusals to direct a verdict, in the first place at the close of the testimony.of plaintiff in…
2Cases cited24 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Sigafus v. PorterSupreme Court of the United States · 1900
- Runkle v. BurnhamSupreme Court of the United States · 1894
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3Cited by5 opinions
- Big Brushy Coal & Coke Co. v. WilliamsCourt of Appeals for the Sixth Circuit · 1910
- New Ætna Portland Cement Co. v. HattCourt of Appeals for the Sixth Circuit · 1916
- American Shipbuilding Co. v. LorenskiCourt of Appeals for the Sixth Circuit · 1913
- Carolina, C. & O. Ry. Co. v. StroupCourt of Appeals for the Sixth Circuit · 1917
- Harmon v. FlinthamCourt of Appeals for the Sixth Circuit · 1912