Legal Opinion · Dissent

McNeal v. Otto

Court of Appeals for the Tenth Circuit

Decided July 19, 1937No. 1497Published

1DissentBratton, Circuit Judge

There was testimony that defendant directed plaintiff to oil a certain windmill; that plaintiff ascended the ladder, oiled the windmill, and started to descend step by step; that he took hold of the rung in question with both hands, having the neck of a quart bottle containing oil in his right hand; that the upper third of the rung split off and he fell to the ground and suffered serious injuries; that he had repaired about eight windmills on the ranch having steel towers, but none with wooden towers ; that he had been on the windmill from which he fell on one or two previous occasions; that…

2Cases cited4 opinions

  1. Twombly v. Consolidated Electric Light Co.Supreme Judicial Court of Maine · 1903
  2. Pendegrass v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
  3. O'Brien v. Northwestern Consolidated Milling Co.Supreme Court of Minnesota · 1912
  4. Alaska Packers' Ass'n v. GoverCourt of Appeals for the Ninth Circuit · 1922

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