Peirce v. Clavin
Court of Appeals for the Seventh Circuit
■ In Error to the Circuit Court of tbe United States for the Southern District of Illinois. The defendant in error, William M. Olavin, brought action in trespass to recover of the plaintiff in error for damages sustained to his person on the 25th day of December, 1895. Olavin on the 4th day of June, 1895, entered the service of the receiver of the Toledo, St. Louis & Kansas City Railroad Company 'as a switchman in the railroad yards at Madison and East St. Louis, in the…
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■ In Error to the Circuit Court of tbe United States for the Southern District of Illinois. The defendant in error, William M. Olavin, brought action in trespass to recover of the plaintiff in error for damages sustained to his person on the 25th day of December, 1895. Olavin on the 4th day of June, 1895, entered the service of the receiver of the Toledo, St. Louis & Kansas City Railroad Company 'as a switchman in the railroad yards at Madison and East St. Louis, in the state of Illinois. He was not a member of any regular crew, but was an extra . man, required to take the place of any one of…
1Opinion of the CourtJenkins, Circuit Judge
The objection to the statement by the court of the duty resting upon the plaintiff in error would be well taken, if the error was material. 'We have frequently held that the duty resting upon the master is not an absolute duty; that he is required to use ordinary and reasonable care to furnish appliances reasonably safe and suitable for the use of his servant, and a place reasonably safe in which he may work. Railroad Co. v. Meyers, 24 U. S. App. 295, 11 C. C. A. 439, and 63 Fed. 793; Reed v. Stockmeyer, 34 U. S. App. 727, 20 C. C. A. 381, and 74 Fed. 186; Railroad Co. v. Johnson, 81 Fed.…
2Cases cited7 opinions
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Miner v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891
- Reed v. StockmeyerCourt of Appeals for the Seventh Circuit · 1896
- Atchison, T. & S. F. R. v. MyersCourt of Appeals for the Seventh Circuit · 1894
- Mississippi River Logging Co. v. SchneiderCourt of Appeals for the Seventh Circuit · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Crookston Lumber Co. v. BoutinCourt of Appeals for the Eighth Circuit · 1906
- Hunt v. KileCourt of Appeals for the Seventh Circuit · 1899
- Kerker ex rel. Kerker v. Bettendorf Metal Wheel Co.Supreme Court of Iowa · 1908
4 more not listed; retrieve them via the Exa API.