Legal Opinion

Republic Iron & Steel Co. v. Tobin

Court of Appeals for the Eighth Circuit

Decided September 4, 1908No. 2,829Published

In Error to the Circuit Court of the United States for the District of Minnesota.

1Opinion of the Court

W. H. MUNGER, District Judge.

On January 31, 1907, plaintiff, while in the employ of the Republic Iron & Steel Company, one of the defendants, was run over by a train of cars operated by said defendant, thereby losing his right leg. The engineer of the train is a codefendant.

The defendant Republic Iron & Steel Company is a mining corporation, and at the time of plaintiff’s injury was engaged in removing the earth from the surface of the mine above the ore beds. In this work a steam shovel was employed, which removed the earth from place and loaded it onto cars standing on what is denominated…

2Cases cited8 opinions

  1. Aerkfetz v. HumphreysSupreme Court of the United States · 1892
  2. Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
  3. Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
  4. Morris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
  5. Keefe v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1894

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