Thompson v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Andrew Thompson against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant appeals. Plaintiff used the water-board for a foothold, a purpose for which it was not intended. The dangerous method employed by plaintiff in reaching the guage was his own .choice and he assumed the risk of doing his work in a hazardous way.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Andrew Thompson against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant appeals. Plaintiff used the water-board for a foothold, a purpose for which it was not intended. The dangerous method employed by plaintiff in reaching the guage was his own .choice and he assumed the risk of doing his work in a hazardous way. National Fire Proofing Co. v. Andrews, 158 Fed. 294; Crookston Dumber Co. v. Boutin, 14 Fed. 680; Norris v. Duluth S'. S. & A. Ry. Co., 108 Fed. 747; Gilbert…
1Opinion of the CourtSmith, P. J.
Action for personal injury. The complaint alleges that the defendant maintained a water tank near the city of Dell Rapids for the use of its engines; that, to reach and repair the water gauge thereon, it was necessary to ascend a broken and rotten ladder permanently fixed to the opposite side of the tank, and thence to crawl around to said gauge on a narrow projection around the lower end of the elevated tank, which projection was about 18 feet above the ground; that this was the only means provided for reaching the water gauge; -that this projection was dangerous and unsafe by reason of its…
2Cases cited14 opinions
- Kauffman v. MaierCalifornia Supreme Court · 1892
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Morris v. Duluth, S. S. & A. Ry. Co.Court of Appeals for the Eighth Circuit · 1901
- Crookston Lumber Co. v. BoutinCourt of Appeals for the Eighth Circuit · 1906
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3Cited by2 opinions
- DeBood v. PaySouth Dakota Supreme Court · 1916
- Schneider v. BosleySouth Dakota Supreme Court · 1917