Alpha Portland Cement Co. v. Curzi
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by Guiseppe Curzi, an infant, by Raffaele Grilli, his guardian ad litem, against the Alpha Portland Cement Company. Judgment for plaintiff, and defendant brings error. This was an action brought to recover from an employer for an injury suffered by his employs.
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In Error to the District Court of the United States for the Eastern District of New York. Action by Guiseppe Curzi, an infant, by Raffaele Grilli, his guardian ad litem, against the Alpha Portland Cement Company. Judgment for plaintiff, and defendant brings error. This was an action brought to recover from an employer for an injury suffered by his employs. The plaintiff at the time of the injury complained of was 18 years of age and was in the employment of the defendant in a cement mill owned and operated by the latter at Martin’s Creek in Pennsylvania. There was installed in the mill as a…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). This is a common-law action brought by an employé who was set to work in a place alleged to have been unsafe. The plaintiff, a minor and inexperienced, was without knowledge of machinery. No warning of the danger to which he was exposed was given; neither were any instructions issued. He was ordered to clean out the bottom of the elevator shaft and remove the cement which had accumulated in it.
The elevator had not been connected with the other machinery in the mill. The weight of the cement and the buckets on the back side of the chain being from 20,000 to…
2Cases cited62 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Armour v. HahnSupreme Court of the United States · 1884
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Lincoln v. PowerSupreme Court of the United States · 1894
57 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- The State of MarylandCourt of Appeals for the Fourth Circuit · 1936
- L. E. Whitham Constr. Co. v. RemerCourt of Appeals for the Tenth Circuit · 1937
- Marshall v. ManeseCourt of Appeals for the Fourth Circuit · 1936
- Elmore v. Missouri Pacific RailroadSupreme Court of Missouri · 1957
- Philyaw v. Arundel Corp.Court of Appeals for the Fourth Circuit · 1931
3 more not listed; retrieve them via the Exa API.