Orman v. Salvo
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. In the month of July, 1900, the partnership firm of Orman & Crook, defendants below, were engaged in the construction of a railroad grade between Colorado Springs and Cripple Creek in Colorado, and employed In that work a large number of men, who, to keep the work in progress, were divided into day and night shifts; the night shifts working from 7 o’clock in the evening until 6 o’clock the next…
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In Error to the Circuit Court of the United States for the District of Colorado. In the month of July, 1900, the partnership firm of Orman & Crook, defendants below, were engaged in the construction of a railroad grade between Colorado Springs and Cripple Creek in Colorado, and employed In that work a large number of men, who, to keep the work in progress, were divided into day and night shifts; the night shifts working from 7 o’clock in the evening until 6 o’clock the next morning, and the day shifts the remainder of each day. Antonio Salvo, the plaintiff below, was, at and for some time…
1Opinion of the CourtLochren, District Judge
As the defendants did not, by any pleading or otherwise, before the trial, raise any question of variance in respect to their own proper names, but in their answer adopted as their own the names by which they were designated in the complaint, it was too late upon the trial to first make that objection.
The question of whether warning of the coming blast was given to the plaintiff was fairly left to the jury, with instruction that if he had such warning, and failed to go to a place of safety, he was not entitled to recover.
The argument principally relied on by defendants’ counsel—namely, that…
2Cases cited1 opinion
- Rich v. United StatesCourt of Appeals for the Second Circuit · 1894
3Cited by9 opinions
- Wicklund v. North Star Timber Co.Supreme Court of Minnesota · 1939
- Dishon v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1903
- Alpha Portland Cement Co. v. CurziCourt of Appeals for the Second Circuit · 1914
- Western Electric Co. v. HanselmannCourt of Appeals for the Second Circuit · 1905
- Yarbrough v. PughWashington Supreme Court · 1911
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