Northern Pac. Ry. Co. v. Wendel
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Montana. The defendant in error was the plaintiff in the court below in an action against the plaintiff in error to recover damages resulting from personal injury. lie alleged in his complaint that, while employed as a car repairer for the plaintiff in error and operating a planing machine driven by a belt, his right arm was broken by the parting of the belt; that the cause of the breaking of the belt was…
Read the full summary
In Error to the Circuit Court of the United States for the District of Montana. The defendant in error was the plaintiff in the court below in an action against the plaintiff in error to recover damages resulting from personal injury. lie alleged in his complaint that, while employed as a car repairer for the plaintiff in error and operating a planing machine driven by a belt, his right arm was broken by the parting of the belt; that the cause of the breaking of the belt was chat it was old. decayed, and defective; that the plaintiff in error had negligently allowed it to remain so, and had…
1Opinion of the CourtGilbert, Circuit Judge
It is assigned as error that the court admitted testimony that the knives of the planing machine were dull at the time when the defendant in error sustained bis injury, and that the machine did not cut exactly as indicated by the gauge. The argument is that since the only specification of negligence in the complaint was that the belt was old, decayed, and defective, and that it should have been boxed, it was a variation from the cause of action alleged to permit the defendant in error to prove that the knives of the planer were dull, or that the gauge was inaccurate, and that, if the belt was…
2Cases cited6 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
- Prosser v. Montana Central RailroadMontana Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Zibbell v. Southern Pacific Co.California Supreme Court · 1911
- Chicago, B. & Q. R. v. ConwayCourt of Appeals for the Eighth Circuit · 1928
- Metropolitan Redwood Lumber Co. v. DavisCourt of Appeals for the Ninth Circuit · 1913
- Siegesmund v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1916