Legal Opinion

De Haven v. Hennessey Bros. & Evans Co.

Court of Appeals for the Sixth Circuit

Decided April 29, 1905No. 1,355PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the Southern District of Ohio.

1Opinion of the Court

RICHARDS, Circuit Judge.

This was an action to recover damages for personal injuries caused by the accidental fall of an elevat- or or hoist in use in a courthouse in course of construction at Xenia, Ohio. The defendant company was the contractor; the plaintiff a physician who, upon the invitation of the superintendent of construction, was visiting the building to observe the progress of the work. The negligence charged was that of the engineer who was operating the elevator. At the conclusion of the plaintiff’s testimony the court directed a verdict for the defendant.

The testimony tended to…

2Cases cited5 opinions

  1. Bennett v. Railroad Co.Supreme Court of the United States · 1881
  2. Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
  3. Pomponio v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
  4. Corrigan v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1868
  5. Ellsworth v. MetheneyCourt of Appeals for the Sixth Circuit · 1900

3Cited by5 opinions

  1. Murch Bros. Const. Co. v. JohnsonCourt of Appeals for the Sixth Circuit · 1913
  2. Fleischmann Malting Co. v. MrkacekCourt of Appeals for the Seventh Circuit · 1926
  3. Escanaba Mfg. Co. v. O'DonnellCourt of Appeals for the Sixth Circuit · 1914
  4. Henry W. Cross Co. v. BurnsCourt of Appeals for the Eighth Circuit · 1936
  5. Taylor v. McCowat-Mercer Printing Co.District Court, W.D. Tennessee · 1939

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