Sundin v. Edward Rutledge Timber Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Action by Olga Sundin and others, widow and minor children of Alex Sundin, deceased, against the Edward Rutledge Timber Com-, pany, a corporation. There was a judgment for defendant, and plaintiffs bring error.
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In Error to the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Action by Olga Sundin and others, widow and minor children of Alex Sundin, deceased, against the Edward Rutledge Timber Com-, pany, a corporation. There was a judgment for defendant, and plaintiffs bring error. The widow and children of Alex Sundin brought an action in the court below to recover damages for his death, which occurred while he was in the employment of the defendant in error, herein to be named the defendant. The defendant was conducting a large…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The principal question in the case is whether or not it should be held •that the failure to load the car properly was the neglect of Sundin’s fellow servants, for which the defendant was not responsible. The rule is well settled that the master is not answerable for injuries to employés resulting from misuse or nonuse of instrumentalities by other employés, and that, if he furnish his employés with suitable appliances and materials with which to do their work in safety, he will not be liable for an injury which results from the use of defective…
2Cases cited8 opinions
- Mattson v. Eureka Cedar Lumber & Shingle Co.Washington Supreme Court · 1914
- Dumas v. Walville Lumber Co.Washington Supreme Court · 1911
- Gaudie v. Northern Lumber Co.Washington Supreme Court · 1904
- Pennsylvania R. v. La RueCourt of Appeals for the Third Circuit · 1897
- McIntyre v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
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3Cited by1 opinion
- Cockerline v. AndersonWashington Supreme Court · 1935