Legal Opinion

Castner Electrolytic Alkali Co. v. Davies

Court of Appeals for the Second Circuit

Decided May 30, 1907No. 280PublishedCited by 6 opinions

In Error to the Circuit Court of the United States for the Western District of New York. This cause comes here upon writ of error to review a judgment of the Circuit Court, Western District of New York, in favor of defendant in error, who was plaintiff below. The judgment was entered upon the verdict of a jury and was for damages resulting from the death of plaintiff’s intestate; it being alleged that his death was caused by the negligence of defendant.

1Opinion of the Court

EACOMBE, Circuit Judge.

Plaintiff was at work in what was known as the ’‘cell mounting room” in defendant's plant for the manufacture of caustic soda at Niagara Falls. This room was about 20x30 feet in size, situated on the first floor, with some windows opening outdoors anti others in the top for ventilation. Except for the “water heater” hereinafter mentioned, there was no means for heating this room. It communicated by a large door through a brick wall with an adjoining room, known’as the “cellroom,” which was always warm, being heated by steam night and day. In the cell mounting room…

2Cases cited1 opinion

  1. Miller v. Solvay Process Co.Appellate Division of the Supreme Court of the State of New York · 1905

3Cited by6 opinions

  1. United States v. StephensCourt of Appeals for the Ninth Circuit · 1934
  2. Cumberland Telephone & Telegraph Co. v. Peacher Mill Co.Tennessee Supreme Court · 1913
  3. Dunagan v. Appalachian Power Co.Court of Appeals for the Fourth Circuit · 1929
  4. United States v. SaulsCourt of Appeals for the Fourth Circuit · 1933
  5. United States v. SteadmanCourt of Appeals for the Tenth Circuit · 1934

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