McCarthy ex rel. Jennings v. Mulgrew
Supreme Court of Iowa
'Appeal from Dubuque District Gourt. — Hon. J. L. Husted, Judge. Action at law to recover damages for injuries sustained by plaintiff, McCarthy, a servant of the defendant, in coming in contact with what is known as a “brake” ; a machine used by bakers for the purpose of kneading dough.
Read the full summary
'Appeal from Dubuque District Gourt. — Hon. J. L. Husted, Judge. Action at law to recover damages for injuries sustained by plaintiff, McCarthy, a servant of the defendant, in coming in contact with what is known as a “brake” ; a machine used by bakers for the purpose of kneading dough. The negligence alleged is that the rollers of the brake were not properly guarded; that plaintiff, when injured, was a minor of about eighteen years of age,' in the employ of defendant as an apprentice; and that while at work at his trade, and while drawing a trow containing dough to the brake, in order that…
1Opinion of the Court
Deeiceb, O. J.
2 The alleged defective condition of the brake seems to be abandoned on this appeal, and the sole question with reference to the machine is whether or not defendant was negligent in not informing plaintiff of the dangers incident to its use. Counsel contend that, by reason of plaintiff’s youth and inexperience, it was defendant’s duty to warn him of the dangers of the brake. The rule upon which they rely has no application to the case, for the reason that the danger was so obvious and patent that his employer was under no obligation to inform him of it. The danger from the use…
2Cases cited7 opinions
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
- Newbury ex rel. Newbury v. Getchel & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1896
- Muldowney v. Illinois Central R.Supreme Court of Iowa · 1874
- McKee v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Tinkham v. SawyerMassachusetts Supreme Judicial Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sutton v. Des Moines Bakery Co.Supreme Court of Iowa · 1907
- Wilder ex rel. Wilder v. Great Western Cereal Co.Supreme Court of Iowa · 1905
- Harney v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
- Haskell v. L. H. Kurtz Co.Supreme Court of Iowa · 1917
- Plantz v. Kreutzer & WasemSupreme Court of Iowa · 1915
5 more not listed; retrieve them via the Exa API.