Albert Miller & Co. v. Wilkins
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Western District of Wisconsin; Arthur L. Sanborn, Judge. Action by Louis E. Wilkins against Albert Miller & Co. and another. Judgment for plaintiff, and defendants Albert Miller & Co. brinj* error.
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In Error to the District Court of the United States for the Western District of Wisconsin; Arthur L. Sanborn, Judge. Action by Louis E. Wilkins against Albert Miller & Co. and another. Judgment for plaintiff, and defendants Albert Miller & Co. brinj* error. Defendant in error recovered a judgment against plaintiffs in error,, a co-partnership. in the sum of $3,000 for personal injuries received as a result of a defective hoisting device, while in the employ of plaintiffs in error upon the premises of the Murphy Company, a corporation, which was made a party defendant to the complaint herein,…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). [1] There can be no doubt, under the facts presented, as to the liability of plaintiffs in error for the injuries sustained by defendant in error. They were clearly charged with the duty of providing safe instrumentalities for their servants while at work, and defendant in error had a right to rely upon their performance of that duty.
*584[2] It is said in Labatt, Master & Servant, § 172:
“Both upon principle and authority it is clear that a master is answerable for defects in any instrumentalities which he has temporarily taken over from the owner and made a…
2Cases cited6 opinions
- Crouse v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Houston & T. C. R. R. Co. v. WillieTexas Supreme Court · 1880
- Rudiger v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1896
- Republic Elevator Co. v. LundCourt of Appeals for the Eighth Circuit · 1912
- Hackett v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Terminal R. Ass'n of St. Louis v. FitzjohnCourt of Appeals for the Eighth Circuit · 1948
- Ericksen v. Southern Pacific Co.California Supreme Court · 1952
- Porter v. Terminal Railroad Ass'n of St. LouisAppellate Court of Illinois · 1946
- Butz v. Union Pac. R.Utah Supreme Court · 1951
- Chicago Great Western Railway Co. v. CasuraCourt of Appeals for the Eighth Circuit · 1956
4 more not listed; retrieve them via the Exa API.