Tuckett v. American Steam & Hand Laundry
Utah Supreme Court
Appeal from District Court, Salt Lake County; T. D. Lewis, Judge. Action by Matilda Tuckett against tbe American Steam & Hand Laundry. From a judgment of nonsuit, plaintiff appeals. APPELLANT'’S POINTS.
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Appeal from District Court, Salt Lake County; T. D. Lewis, Judge. Action by Matilda Tuckett against tbe American Steam & Hand Laundry. From a judgment of nonsuit, plaintiff appeals. APPELLANT'’S POINTS. In Lee v. Railroad Go., 101 Cal. 118, the Supreme Court of California, respecting the risk of an employee, said: “It is not only necessary that an employee should know of the defect in the machinery in order to hold that he assumed the risk, but the danger arising from the defect must also be known or reasonably apprehended by him!” So in Railroad Go. v. Herbert, 116 TJ. S. 642, Hr. Justice…
1Opinion of the Court
HOWELL, District Judge,
after stating the facts delivered the opinion of the court.
Though made as one of the grounds for a motion for a non-suit, counsel for respondent did not, in their oral argument, nor do they in their brief, very strenuously contend that the plaintiff failed to establish that respondent was negligent in permitting the machine to be in the condition disclosed by the testimony in this case. The evidence shows that, “when the machine is in good working order, the table comes back automatically.” It is true that while appellant testified positively that to the knowledge of…
2Cases cited11 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Patterson v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1875
- Lee v. S. Pac. R.R. Co.California Supreme Court · 1894
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3Cited by3 opinions
- Industrial Lumber Co. v. BivensCourt of Appeals of Texas · 1907
- Taylor v. Los Angeles & S. L. R. Co.Utah Supreme Court · 1923
- McCreery v. Union Roofing & Manufacturing Co.Supreme Court of Iowa · 1909