Christy v. Schwartzchild & Sulzberger Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. This is an action to recover damages for an injury to plaintiff in error caused by the falling of an elevator in the packing house of defendant in error. The trial court sustained a motion to direct a verdict for defendant, and the record is brought hero for review by writ of error.
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In Error to the Circuit Court of the United States for the Northern District of Illinois. This is an action to recover damages for an injury to plaintiff in error caused by the falling of an elevator in the packing house of defendant in error. The trial court sustained a motion to direct a verdict for defendant, and the record is brought hero for review by writ of error. The ground of liability asserted is that defendant did not provide a safe working place or safe appliances, and that the elevator operator was incompetent, and known to be so by the master, and was not properly instructed in…
1Opinion of the CourtSanborn, District Judge
(after stating the facts as above). The work being done at the time of the accident was repairing. The elevator was not in use, except to experiment with the repairs. Plaintiff was called by the millwright to learn if the cables were properly placed on the drum. Having completed this, his duty cease'd, and his staying to assist further was repair work, and made him a fellow servant with the millwright, assuming the risks of that service. Reed v. Moore & McFerrin, 153 Fed. 358, 82 C. C. A. 434. If the elevator operator had been incompetent for want of instructions or other cause known to the…
2Cases cited2 opinions
- Consolidated Stone Co. v. SummitIndiana Supreme Court · 1899
- Reed v. Moore & McFerrinCourt of Appeals for the Sixth Circuit · 1907