Legal Opinion

Union Pac. Ry. Co. v. Jarvi

Court of Appeals for the Eighth Circuit

Decided October 17, 1892No. 128PublishedCited by 83 opinions

In Error to tlie Circuit Court of th.e United States for tiie District of Wyoming. Action by Edward Jarvi against the Union Pacific Railway Company for injuries received in its employ. Verdict and judgment for plaintiff. Defendant brings error. Affirmed.

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In Error to tlie Circuit Court of th.e United States for tiie District of Wyoming. Action by Edward Jarvi against the Union Pacific Railway Company for injuries received in its employ. Verdict and judgment for plaintiff. Defendant brings error. Affirmed. Statement by SANBORN, Circuit Judge: The defendant in error, who was the plaintiff below, obtained a judgment against the Union Pacific Railway Company for $5,000 for injuries which he received from the falling of a stone from the roof of a mine in which he was employed by the defendant as a miner. In his complaint he alleged that his injury…

1Opinion of the Court

SANBORN, Circuit Judge.

It is the duty of the employer to exercise ordinary care to provide a reasonably safe place in which his employe may perform Ms service. It is Ms duty to use diligence to keep this place in a reasonably safe condition, so that his servant may not be exposed to unnecessary and unreasonable risks. The ca,re and diligence required of the master is such as a reasonably prudent man would exercise under like circumstances in order to protect Ms *68servants from injury. It must be commensurate -with, the character of the service required, and with the dangers that a reasonably…

2Cases cited23 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  3. Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
  4. Railroad Co. v. JonesSupreme Court of the United States · 1877
  5. Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891

18 more not listed; retrieve them via the Exa API.

3Cited by83 opinions

  1. Travelers' Ins. v. MelickCourt of Appeals for the Eighth Circuit · 1894
  2. Gowen v. HarleyCourt of Appeals for the Eighth Circuit · 1893
  3. Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
  4. Chicago G. W. Ry. Co. v. PriceCourt of Appeals for the Eighth Circuit · 1899
  5. Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895

78 more not listed; retrieve them via the Exa API.

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