Burke v. Anderson
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Western District of Wisconsin. This was an action by T. Knut Anderson against Matthew 0. Burke ami John Burke for personal injuries. The plaintiff recovered judgment in the circuit court. Defendants bring error. Affirmed.
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In Error to the Circuit Court of the United States for the Western District of Wisconsin. This was an action by T. Knut Anderson against Matthew 0. Burke ami John Burke for personal injuries. The plaintiff recovered judgment in the circuit court. Defendants bring error. Affirmed. This action is founded upon alleged negligence of the defendants, who are the plaintiffs in error, whereby the plaintiff below sustained serious personal Injuries from an explosion of dynamite or some other explosive material, alleged to have been left in the ground by the defendants after blasting operations, and at…
1Opinion of the CourtSeaman, District Judge
The question in this case upon which the liability of the principal defendant, Matthew C. Burke, depends, is this: What is the rule of care to be applied to an employer of labor who uses explosives or other dangerous means in the prosecution of the work in which the laborer is engaged ? Matthew C. Burke was the employer, as contractor for the excavation and construction of the bed for a railroad in the winter season, and dynamite and other explosives were used for blasting the frozen ground, in advance of the laborers who were engaged in excavating. He was not personally attending to the…
2Cases cited6 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Mather v. RillstonSupreme Court of the United States · 1895
- Goodlander Mill Co. v. Standard Oil Co.Court of Appeals for the Seventh Circuit · 1894
- City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Reed v. StockmeyerCourt of Appeals for the Seventh Circuit · 1896
- Lanza v. LeGrand Quarry Co.Supreme Court of Iowa · 1904
- Mountain Copper Co. v. Van BurenCourt of Appeals for the Ninth Circuit · 1904
- Welch v. Bath Iron WorksSupreme Judicial Court of Maine · 1903
- Lanza v. Legrand Quarry Co.Supreme Court of Iowa · 1902