Deye v. Lodge & Shipley Mach. Tool Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Southern District of Ohio. Action for persona] injuries sustained by plaintiff in error while in the employment of the defendant in error. Upon all of the evidence, there was a direction for defendant in error.
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In Error to the Circuit Court of the United States for the Southern District of Ohio. Action for persona] injuries sustained by plaintiff in error while in the employment of the defendant in error. Upon all of the evidence, there was a direction for defendant in error. Deye’s injury was sustained while engaged, with others, in moving a large iron casting, called a “lathe bed,” by the falling of one or more similar eastings from a pile adjacent to the casting being removed. . The defendant company is a corporation engaged in making machine tools. Its business was divided into several…
1Opinion of the CourtBurton, Circuit Judge
The general fitness and competency of Butz,.the foreman, who is said to have negligently piled the castings which fell and inj’ured Deye, was not questioned. That Butz and Deye were fellow servants, and that each assumed, as part of the risk of the business, the risk of the negligence of the other and of the other workmen engaged in and about the castings and cleaning branch of the defendant’s business, is equally indisputable. The case must turn, therefore, upon the question as to whether the place of work was dangerous through neglect of any personal duty imposed by law upon the employer.…
2Cases cited12 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Cullen v. . NortonNew York Court of Appeals · 1891
- Slater v. . JewettNew York Court of Appeals · 1881
- Perry v. . RogersNew York Court of Appeals · 1898
- Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Pioneer S. S. Co. v. McCannCourt of Appeals for the Sixth Circuit · 1909
- Union Pac. R. v. MaroneCourt of Appeals for the Eighth Circuit · 1917
- Galicich v. Oregon Short Line R.Wyoming Supreme Court · 1939
- Omaha Packing Co. v. SanduskiCourt of Appeals for the Eighth Circuit · 1907
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