Bohn Manuf'g Co. v. Erickson
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This was an action by Ernest Erickson and Swan Erickson, his guardian ad litem, against the Bohn Manufacturing Company, for personal injuries to Ernest. There was judgment for plaintiffs on the verdict of a jury in the court below, and defendant brings error.
1Opinion of the Court
SANBORN, Circuit Judge,
(after stating the facts.) It is the general rule that a servant assumes the ordinary risks and dangers of the employment upon which he enters, so far as they aré known to him, and so far as they would have been known to one of his age, experience, and capacity by the use of ordinary care. He does not assume latent dangers known to the master that are actually unknown to him, and that one of his capacity and experience would not have known by the use of ordinary care. It is the duty of the master to notify the servant of such dangers. Obviously the line between dangers…
2Cases cited7 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Atlas Engine Works v. RandallIndiana Supreme Court · 1885
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- St. Louis & South-Eastern Railway Co. v. ValiriusIndiana Supreme Court · 1877
- Fones v. PhillipsSupreme Court of Arkansas · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Motey v. Pickle Marble & Granite Co.Court of Appeals for the Eighth Circuit · 1896
- Choctaw, O. & G. R. v. HollowayCourt of Appeals for the Eighth Circuit · 1902
- Johnson v. Southern Pac. Co.Court of Appeals for the Eighth Circuit · 1902
- Lake v. Shenango Furnace Co.Court of Appeals for the Eighth Circuit · 1908
16 more not listed; retrieve them via the Exa API.