Escanaba Mfg. Co. v. O'Donnell
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Northern Division of the Western District of Michigan; Clarence W. Sessions, Judge. Action by Leona O’Donnell, by John D. Loell, her next friend, against the Escanaba Manufacturing Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
DENISON, Circuit Judge.
The plaintiff below was, at the time of the accident, a girl 10 years of age. The manufacturing company, with its plant and storage space, occupied some 20 acres of ground in the city of Escanaba. Every day its firemen wheeled out the ashes from the boiler room and dumped them on its ash pile. This pile was approximately circular, 50 feet in diameter, and varying in shape and in height as the ashes accumulated or as they were occasionally taken away -by cars on-the adjacent railroad track. On the morning of this particular day, ashes had been wheeled out as usual, and,…
2Cases cited10 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Powers v. HarlowMichigan Supreme Court · 1884
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Ryan v. TowarMichigan Supreme Court · 1901
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
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3Cited by7 opinions
- Gilligan v. City of ButteMontana Supreme Court · 1946
- Westborne Coal Co. v. WilloughbyTennessee Supreme Court · 1915
- Cole v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1930
- Empire District Electric Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1936
- American Ry. Express Co. v. CrabtreeCourt of Appeals for the Sixth Circuit · 1921
2 more not listed; retrieve them via the Exa API.