Cudahy Packing Co. v. Anthes
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. The plaintiff in error (defendant below) is a corporation engaged in slaughtering cattle, sheep, and swine, and in curing, packing, and selling the products. The defendant in error (plaintiff below) was one of its employes, and on November 8, 1900, was engaged in removing hams from the fourth story to the pickling department in the third story of a packing house of defendant in Omaha.
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In Error to the Circuit Court of the United States for the District of Nebraska. The plaintiff in error (defendant below) is a corporation engaged in slaughtering cattle, sheep, and swine, and in curing, packing, and selling the products. The defendant in error (plaintiff below) was one of its employes, and on November 8, 1900, was engaged in removing hams from the fourth story to the pickling department in the third story of a packing house of defendant in Omaha. He loaded the hams on a truck in the fourth story, which he wheeled to an elevator, in which he, with his loaded truck, was…
1Opinion of the CourtLochren, District Judge
The assignments of error are directed to< the parts of the instructions to the jury which were excepted to. The first assignment challenges this portion of the charge:
“The law imposed the duty upon the defendant, Cudahy Packing Company, to use ordinary care to provide a reasonably safe rope with which to *120operate this elevator, and it devolved upon the defendant to use ordinary care to provide the plaintiff with a reasonably safe appliance with which he could perform his work, and also a reasonably safe place for him to perform his services. That was the duty of the defendant, and if you are…
2Cases cited9 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Deserant v. Cerillos Coal RailroadSupreme Court of the United States · 1900
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cudahy Packing Co. v. New Amsterdam Casualty Co.U.S. Circuit Court for the Southern District of Iowa · 1904