Wurtenberger v. Metropolitan Street-railway Co.
Supreme Court of Kansas
Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. This was an action for personal injuries. Plaintiff below (plaintiff in error here) and three other men were taking down and removing machinery from an unused power-house of the street-railway company. They were common laborers. The work was done under the orders of Charles Voght, a division superintendent, and Richard DeGroff, a foreman.
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Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. This was an action for personal injuries. Plaintiff below (plaintiff in error here) and three other men were taking down and removing machinery from an unused power-house of the street-railway company. They were common laborers. The work was done under the orders of Charles Voght, a division superintendent, and Richard DeGroff, a foreman. At the-, time Wurtenberger was hurt, he, with the others, was-attempting to remove a large wheel from its shaft by forcing the shaft through the wheel with the aid of' a hydraulic…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
It will be noticed from the testimony of plaintiff below, set out in the statement, that he and his fellow workmen asserted that the arrangement of the hydraulic jack rendered it unsafe when it was exerting force against the iron beam. They hesitated to go on with the work, but were directed by the foreman to proceed. The foreman knew the forcing capacity of the jack, and the workmen were ignorant of it. It cannot be held that knowledge of plaintiff below of the probable injurious result to him and the risk incurred from an obedience to the…
2Cases cited4 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Atchison, Topeka & Santa Fe Railway Co. v. BancordSupreme Court of Kansas · 1903
- Seeds v. American Bridge Co.Supreme Court of Kansas · 1904
- Harder & Hafer Coal Min. Co. of Sullivan County v. SchmidtCourt of Appeals for the Seventh Circuit · 1900
3Cited by12 opinions
- Schoof v. ByrdSupreme Court of Kansas · 1966
- St. Louis & San Francisco Railroad v. MorrisSupreme Court of Kansas · 1907
- Gillaspie v. United Iron-works Co.Supreme Court of Kansas · 1907
- Dimetre v. Red Wing Sewer Pipe Co.Supreme Court of Minnesota · 1914
- Hollingsworth v. BerrySupreme Court of Kansas · 1922
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