Cannon v. South Dak. Cent. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Sam Cannon, by Ali Hamway, his guardian, against the ■ South Dakota Central Railway Company, for damages for injuries sustained while performing the duties of switch-man. Prom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. An adult unacquainted with the risk of his employment may require instructions or warning as much as a minor.
Read the full summary
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Sam Cannon, by Ali Hamway, his guardian, against the ■ South Dakota Central Railway Company, for damages for injuries sustained while performing the duties of switch-man. Prom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. An adult unacquainted with the risk of his employment may require instructions or warning as much as a minor. Again, where the minor is of such tender years that he would not ordinarily observe and know the danger, then extra care must be exercised to…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment entered in favor of the plaintiff and from the order denying a new trial. The action was instituted by the plaintiff to recover damages for injuries sustained by him while performing the duties of switchman on the defendant’s railroad. It is alleged in the complaint: That the plaintiff is a Syrian of the age of 19 years. “That on the 21st day of July, 1910, and several months *441prior thereto, the plaintiff -herein was in the employ óf the said defendant * * * as a common laborer in and about its' roundhouse and machine shop and tlje yard in…
2Cases cited31 opinions
- Railroad Company v. FortSupreme Court of the United States · 1874
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- Jones v. Florence Mining Co.Wisconsin Supreme Court · 1886
26 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Iverson v. LookSouth Dakota Supreme Court · 1913
- Froelich v. Northern Pacific Railway Co.North Dakota Supreme Court · 1918
- Hopkins v. Spokane, P. & S. Ry. Co.Oregon Supreme Court · 1931