Legal Opinion
Beardsley v. Howard & Bullough American Mach. Co.
U.S. Circuit Court for the District of Rhode Island
Decided February 18, 1910No. 2,882PublishedCited by 6 opinions
Action by Ernest' J. Beardsley against the Howard & Bullough American Machine Company, Limited. Judgment for plaintiff, and defendant petitions for a new trial.
1Opinion of the Court
BROWN, District Judge.
This is an action for personal injuries received, by the plaintiff June 3, 1908, from the bursting of an emery wheel during the employment of the plaintiff as a polisher in the defendant’s factory.
The declaration alleged that the emery wheel was—
“run and used without flanges attached thereto on the sides thereof, and that the running of said emery wheel as aforesaid, without flanges attached thereto as aforesaid, was very dangerous and improper, and unsafe, and rendered said emery wheel liable and apt to break and burst,” etc.
The negligence charged is the failure—
“to…
2Cases cited5 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Looney v. Metropolitan RailroadSupreme Court of the United States · 1906
- Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
- Grayson v. LynchSupreme Court of the United States · 1896
- Baltimore & Potomac Railroad v. CumberlandSupreme Court of the United States · 1900
3Cited by6 opinions
- Chambers v. AndersonCourt of Appeals for the Sixth Circuit · 1932
- Metal Coating Corp. v. Baker Manufacturing Co.District Court, W.D. Wisconsin · 1964
- Platt v. PlattDistrict of Columbia Court of Appeals · 1947
- Ruedy v. Town of White SalmonDistrict Court, E.D. Washington · 1940
- John H. Smith v. Ford Motor CompanyCourt of Appeals for the Tenth Circuit · 1980
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