Cybur Lumber Co. v. Erkhart
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Action by Corbet Erkhart, by J. H. Erkhart, his next friend, against the Cybur Lumber Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Action by Corbet Erkhart, by J. H. Erkhart, his next friend, against the Cybur Lumber Company. Judgment for plaintiff, and defendant brings error. This is a writ of error to a judgment of the District Court for the Southern District of .Mississippi in a case in which the defendant in error was plaintiff in an action to recover damages for a personal injury sustained by him, while in the employment of the plaintiff in error, which was a lumbering company. The District Judge…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). The" plaintiff in the court below relied upon one ground of negligence only, namely, that the defendant was guilly of negligence in that it did not exercise reasonable care to furnish the plaintiff with a safe place in which to work. It was not contended that any part of the plant or appliances used by the defendant were defective. It was not contended that the place where the work was being performed by plaintiff and his fellow workmen was negligently unsafe, when the work was commenced on the morning of the day of the accident. The contention . was that…
2Cases cited4 opinions
- Bennett v. Crystal Carbonate Lime Co.Missouri Court of Appeals · 1910
- Dunn v. Great Lakes Dredge & Dock Co.Michigan Supreme Court · 1910
- Moss v. Gulf Compress Co.Court of Appeals for the Fifth Circuit · 1913
- Morgan v. Wabash RailroadAppellate Court of Illinois · 1910
3Cited by4 opinions
- James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
- Cybur Lumber Co. v. ErkhartCourt of Appeals for the Fifth Circuit · 1918
- Cybur Lumber Co. v. ErkhartMississippi Supreme Court · 1918
- C. B. Foster Packing Co. v. LameyCourt of Appeals for the Fifth Circuit · 1925