Florence & C. C. R. Co. v. Whipps
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. The railroad of plaintiff in error runs between the towns of Florence and Cripple Creek, Colo., a distance of about 40 miles, through a rough, mountainous country, having tunnels and frequent cuts on the mountain sides.
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In Error to the Circuit Court of the United States for the District of Colorado. The railroad of plaintiff in error runs between the towns of Florence and Cripple Creek, Colo., a distance of about 40 miles, through a rough, mountainous country, having tunnels and frequent cuts on the mountain sides. Rains and stormy weather, liable to loosen earth and rocks on the sides of such cuts, had continued for several days up to about the middle of the- afternoon of April 11, 1901, when a landslide of loosened rock came down from the-mountain side into a “thorough' cut” on section 5 of said railroad,…
1Opinion of the CourtLochren, District Judge
It is a general rule of law governing the relation of master and servant that it is the duty of the master to use ordinary care to furnish and maintain a reasonably safe place for the servant in which to perform his-work. This rule as to “safe place” only applies to such place as the master constructs, prepares, or selects for such purpose. It has a very limited application to the erection of new buildings or structures, though it may apply to stagings and the like, supplied by the master; and does not render the master responsible for dangers which necessarily inhere in the work and are only…
2Cases cited6 opinions
- City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893
- Northern Pacific Railway Co. v. DixonSupreme Court of the United States · 1904
- Gulf, C. & S. F. Ry. Co. v. JacksonCourt of Appeals for the Eighth Circuit · 1894
- Balch v. HaasCourt of Appeals for the Eighth Circuit · 1896
- Porter v. Silver Creek & Morris Coal Co.Wisconsin Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Chicago, R. I. & P. Ry. Co. v. DuranSupreme Court of Oklahoma · 1913
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Armour v. RussellCourt of Appeals for the Eighth Circuit · 1906
- Chicago, R. I. & P. Ry. Co. v. NagleSupreme Court of Oklahoma · 1916
- Sulsberger & Sons Co. v. CastleberrySupreme Court of Oklahoma · 1914
5 more not listed; retrieve them via the Exa API.