Fairbanks, Morse & Co. v. Walker
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Missouri. Albert Walker sued Fairbanks, Morse & Co., a corporation, for damages for personal injuries sustained in its service. The negligence charged was that defendant failed to provide a sufficient number of workmen to do the work in which plaintiff was engaged when injured. It was averred that the service reasonably required “the active work of at least four men or more.”
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In Error to the Circuit Court of the United States for the Eastern District of Missouri. Albert Walker sued Fairbanks, Morse & Co., a corporation, for damages for personal injuries sustained in its service. The negligence charged was that defendant failed to provide a sufficient number of workmen to do the work in which plaintiff was engaged when injured. It was averred that the service reasonably required “the active work of at least four men or more.” The defense was. a general denial, contributory negligence, and assumption of the risk. The facts were these: The defendant sent four men,…
1Opinion of the CourtHook, Circuit Judge
(after stating the facts as above). The movement of the wheel in connection with which the accident occurred involved ordinary manual labor, the dangers incident to which were open and obvious. With knowledge that three men were assigned to the task the plaintiff, who was an intelligent workman, engaged in it without complaint or objection. That three men could easily roll the wheel across the floor if unobstructed was plain to a man of his experience. It was equally plain that it might escape their control if run against an obstruction, and that, if it escaped their control, it would fall.…
2Cases cited3 opinions
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Lake v. Shenango Furnace Co.Court of Appeals for the Eighth Circuit · 1908
- Woolsey v. HaynesCourt of Appeals for the Eighth Circuit · 1908
3Cited by1 opinion
- Aqua System, Inc. v. KodakoskiCourt of Appeals for the Fifth Circuit · 1937