Harder & Hafer Coal Min. Co. of Sullivan County v. Schmidt
Court of Appeals for the Seventh Circuit
In Error to tbe Circuit Court of tbe United States for tbe Northern Division of tbe Northern District of Illinois. The defendant in error was the plaintiff in the court helow, and obtained a verdict and judgment against the plaintiff in error, defendant helow, in the sum of two thousand eight hundred and ninety-five dollars damages for personal injuries received by the defendant in error in the mines of the plaintiff in error.
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In Error to tbe Circuit Court of tbe United States for tbe Northern Division of tbe Northern District of Illinois. The defendant in error was the plaintiff in the court helow, and obtained a verdict and judgment against the plaintiff in error, defendant helow, in the sum of two thousand eight hundred and ninety-five dollars damages for personal injuries received by the defendant in error in the mines of the plaintiff in error. The principal error relied upon is that the court refused, at the conclusion of the testimony, on motion of the plaintiff in error, to instruct the jury to find a…
1Opinion of the Court 1
After stating the facts as above,
2Opinion of the Court · CupGross Cup, Circuit Judge
Indisputably the plaintiff in error was bound by law to furnish to its employees safe gangways and working places. The statutes of Indiana are, in this respect, only supplemental to the common law *285obligations. If, as the jury found, the plaintiff in error failed in the performance of this duty, causing the injury for which the action is brought, the action is maintainable, unless Schmidt was there without invitation, or had notice of the dangerous character of the place. The two inquiries thus suggested constitute the fighting ground of this case.
The evidence…
3Cited by9 opinions
- Green v. Western American Co.Washington Supreme Court · 1902
- Umsted ex rel. Umsted v. Colgate Farmers Elevator Co.North Dakota Supreme Court · 1909
- Goldthorpe v. Clark-Nickerson Lumber Co.Washington Supreme Court · 1903
- Wurtenberger v. Metropolitan Street-railway Co.Supreme Court of Kansas · 1904
- Beseloff v. StrandbergWashington Supreme Court · 1911
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