Toledo Brewing & Malting Co. v. Bosch
Court of Appeals for the Sixth Circuit
In Error to the 'Circuit Court of the United States for the Western Division of the Northern-District of Ohio. This action was brought in the state court of common pleas of Lucas county, Ohio, and removed, on application of plaintiff in error, into the circuit court of the United States for the Western division of the Northern district of Ohio.
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In Error to the 'Circuit Court of the United States for the Western Division of the Northern-District of Ohio. This action was brought in the state court of common pleas of Lucas county, Ohio, and removed, on application of plaintiff in error, into the circuit court of the United States for the Western division of the Northern district of Ohio. The object of the suit was to recover damages for a personal injury sustained by defendant in error while in the service of plaintiff in error; his regular work being that of engineer of an ice machine operated by plaintiff in error at its brewery…
1Opinion of the CourtClark, District Judge
It was suggested, rather than pressed in argument, that the question of negligence should have been submitted to the jury, conceding that the court below was right in the view taken of the law applicable to the case. This question of negligence, of course, involved the point whether the displacement of the beam in the work of repairs on the roof was so probable or necessary that it should have been anticipated, and the danger guarded against by the master by *532suitable precautions. The facts were substantially undisputed, and the conclusion that there was a negligent omission of duty was one at…
2Cases cited17 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Casement v. BrownSupreme Court of the United States · 1893
- Water Co. v. WareSupreme Court of the United States · 1873
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
- Western Electric Co. v. HanselmannCourt of Appeals for the Second Circuit · 1905
- Britt v. Carolina & Northern RailroadSupreme Court of North Carolina · 1907
- Maness v. Clinchfield Coal Corp.Tennessee Supreme Court · 1913
- James Griffith & Sons Co. v. BrooksCourt of Appeals for the Sixth Circuit · 1912