Consolidated Interstate-Callahan Mining Co. v. Witkouski
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the District of Idaho; Erank S. Dietrich, Judge. Action by Bertha D. Witkouski'and others against the Consolidated Interstate-Callahan Mining Company. Judgment for plaintiffs, and defendant brings error.
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In Error to the District Court of the United States for the Northern Division of the District of Idaho; Erank S. Dietrich, Judge. Action by Bertha D. Witkouski'and others against the Consolidated Interstate-Callahan Mining Company. Judgment for plaintiffs, and defendant brings error. This is an action in damages instituted by the defendants in error, who are the widow and minor children of Charles Witkouski, deceased, to recover for injuries arising from his death, which it is alleged was caused through the carelessness and negligence of the defendant (plaintiff in error here), its agents or…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). In the end, the question of prime importance submitted to the jury was whether the defendant was careless and negligent in furnishing the deceased with reasonably safe instrumentalities and appliances with which to do the particular work in which he was engaged. The crucial inquiry revolves about the duty respecting the adjustment of the nut or screw for tightening or loosening the clutch-band. Was the duty a nondelegable one, for the master’s discharge for the safety Of the workmen, or was it one simply of detail, proper to be left to the workmen…
2Cases cited10 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Mast v. KernOregon Supreme Court · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
- Forno v. CoyleCourt of Appeals for the Ninth Circuit · 1935
- Blum-O'Neill Co. v. SullivanCourt of Appeals for the Ninth Circuit · 1924