Casement v. Brown
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE SOUTHERN DISTRICT OF OHIO. This was an action to recover., the vaiue of three barge's of coal, lost, as claimed, through the negligence of the defendants. The case was commenced in the Court of Common Pleas of Scioto County, Ohio, and removed to the Circuit Court of the United States for the Southern District of Ohio.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE SOUTHERN DISTRICT OF OHIO. This was an action to recover., the vaiue of three barge's of coal, lost, as claimed, through the negligence of the defendants. The case was commenced in the Court of Common Pleas of Scioto County, Ohio, and removed to the Circuit Court of the United States for the Southern District of Ohio. There it was tried by the court without a jury; findings of fact were made, and from those findings the conclusion was reached that the defendants were guilty of negligence. Whereupon judgment was entered in favor of the…
1Opinion of the Court
Mr. Justice Brewer.delivered the opinion of the court..
The defendants contend: First, that they were not independent contractors, but employés of the railroad companies, and that, therefore, the railroad companies and not themselves were responsible for any negligence; second, that they were not guilty of any negligence; and, third, that if they were, the plaintiffs were also guilty of contributory negligence, and therefore debarred from any recovery.
With reference to the first contention: Obviously, the defendants were independent contractors. The plans and specifications were prepared and…
2Cases cited4 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Water Co. v. WareSupreme Court of the United States · 1873
- Cleveland v. KingSupreme Court of the United States · 1889
3Cited by132 opinions
- Metcalf & Eddy v. MitchellSupreme Court of the United States · 1926
- Prest-O-Lite Co. v. SkeelIndiana Supreme Court · 1914
- Chicago, Rock Island & Pacific Railway Co. v. BondSupreme Court of the United States · 1916
- Jones v. GoodsonCourt of Appeals for the Tenth Circuit · 1941
- Trinityfarm Construction Co. v. GrosjeanSupreme Court of the United States · 1934
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