St. Louis Cordage Co. v. Miller
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Missouri. On February 13, 1902, Miss Mary Miller, an employé of the St. Louis Cordage Company, while operating the lever of a forming machine in its factory, permitted her hand to slip from the handle of the lever in the revolving and engaging cogs of the gearing which propelled the machine, and lost one finger and a portion of another.
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In Error to the Circuit Court of the United States for the Eastern District of Missouri. On February 13, 1902, Miss Mary Miller, an employé of the St. Louis Cordage Company, while operating the lever of a forming machine in its factory, permitted her hand to slip from the handle of the lever in the revolving and engaging cogs of the gearing which propelled the machine, and lost one finger and a portion of another. She sued the defendant below, the Cordage Company, for negligence in that it had not covered its gearing as required by 2 Rev. St. Mo. 1899, § 6433, and the company answered that…
1Opinion of the CourtSanborn, Circuit Judge
The defendant did not plead in this case that the plaintiff was guilty of contributory negligence. Its only defense was that the rapidly revolving cogs were seen and known by the plaintiff, that the danger from them was apparent, and that she assumed the risk of it. These are the questions, therefore, which the instruction to the jury presents : Are the risks from defective place of employment, appliances, and fellow servants which employés assume by entering and continuing in the service of a master with knowledge of the situation and its dangers and without complaint, limited to those risks…
2Cases cited95 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
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
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3Cited by69 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Cobia v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1924
- Denver & R. G. R. Co. v. NorgateCourt of Appeals for the Eighth Circuit · 1905
64 more not listed; retrieve them via the Exa API.