Legal Opinion

Joseph Garneau Cracker Co. v. Palmer

Nebraska Supreme Court

Decided December 31, 1889PublishedCited by 1 opinion

Error to the district court for Douglas county. Tried below before Hopewell, J. A servant assumes the ordinary risks of an employment, though it be a hazardous one. (Hayden v. Mfg.

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Error to the district court for Douglas county. Tried below before Hopewell, J. A servant assumes the ordinary risks of an employment, though it be a hazardous one. (Hayden v. Mfg. Co., 29 Conn., 558, and cases cited; 3 Wood, Railway Law, p. 1452.) As to the rule in the case of explosions: Rosee v. Buehanan, 51 N. Y., 476; Indiana, eta., R. Co. v. Toy, 91 111., 474; Columbus, eto.,R. Co., v. Arnold;, 31 Ind.,'174; Marshall v. Welwood, 38 N. J. L., 339; Green, ete., R. Co. v. Brcsmer, 97 Pa. St., 106 ; Sykes v. Backer, 99 Pa. St., 465; Hard v. Vh, ete., R. Co., 32 Yt., 473. A«servant simply…

1Opinion of the Court

Reese, Ch. J.

The original action was instituted in the district court by defendant in error, and against plaintiff in error for damages resulting from alleged personal injuries caused by the explosion of a steam kettle in which sugar and other articles were being melted for the purpose of manufacturing the ingredients into boiled icing, to be used in the *309manufacture of a certain kind of cakes, which were being made by plaintiff in error.

It was alleged in the petition that defendant in error entered into the service of plaintiff in error as a machine cake baker, and while so in the employment…

2Cases cited1 opinion

  1. Credit Foncier of America v. RogersNebraska Supreme Court · 1880

3Cited by1 opinion

  1. Becker v. SimondsNebraska Supreme Court · 1892

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