Humpton v. P. F. Unterkircher & Sons
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. Plaintiff was injured by tbe fall of a scaffold erected by Ms immediate employer, in the construction of a certain brick building for the defendants, Unterkircher & Sons, in the city of Burlington, and he brought this action to recover damages, alleging that one Hummerum had the contract for doing the brick work, and defendant Hemphill for the carpenter work, all under the direction, supervision, and…
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Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. Plaintiff was injured by tbe fall of a scaffold erected by Ms immediate employer, in the construction of a certain brick building for the defendants, Unterkircher & Sons, in the city of Burlington, and he brought this action to recover damages, alleging that one Hummerum had the contract for doing the brick work, and defendant Hemphill for the carpenter work, all under the direction, supervision, and control of Unterkircher & Sons, or their superintendent employed for that purpose; that plaintiff, while engaged in laying…
1Opinion of the CourtDeemer, J.
The motion to direct a verdict was' based upon the grounds;' first, that there was no evidence to shoAV that defendants owned the real estate or the building Avhich Avas being erected thereon, or that they were in any manner interested therein; second, that no negligence was charged in the petition as against them; third, that the evidence shows that the negligence, if any, was that of a fellow-servant of plaintiff; fourth, that the relation of master and servant did not exist as between plaintiff and these defendants; fifth, that plaintiff knew of the alleged defects in the construction of…
2Cases cited20 opinions
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Bond v. Terrell Cotton & Woolen Manufacturing Co.Texas Supreme Court · 1891
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Miller v. Minnesota & Northwestern Railway Co.Supreme Court of Iowa · 1888
15 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Pace v. Appanoose CountySupreme Court of Iowa · 1918
- Mendel v. Fort Scott Hydraulic Cement Co.Supreme Court of Kansas · 1938
- Alexander v. R. A. Sherman's Sons Co.Supreme Court of Connecticut · 1912
- Bowser v. State Industrial Accident CommissionOregon Supreme Court · 1947
- Norton v. Day Coal Co.Supreme Court of Iowa · 1920
40 more not listed; retrieve them via the Exa API.