Willmarth v. Cardoza
Court of Appeals for the First Circuit
In error to the Circuit Court of the United States for the District of Rhode Island. Action by Albert Cardoza against John Willmarth and others. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
LOWELL, Circuit Judge.
The defendant in error, hereinafter called the plaintiff, sued the plaintiffs, in error, hereinafter called the defendants, to recover damages for being hit with a stone fired negligently from a blast. At the-trial the defendants requested the learned judge to instruct the jury to return a verdict for them, on the ground that the negligence charged against them was that of their employé, the plaintiff’s fellow servant. The request was refused and the defendants duly excepted. The plaintiff admitted that, this employé, who set off the blast, and whose negligence the…
2Cases cited16 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
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3Cited by2 opinions
- Woodward & Lothrop v. LineberryCourt of Appeals for the D.C. Circuit · 1931
- Cleveland v. Ludwig Institute for Cancer Research LtdDistrict Court, S.D. California · 2020