Crookston Lumber Co. v. Boutin
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. Marie F. Boutin, as administratrix of the estate of Frank Boutin, deceased, brought this action against the lumber company to recover damages for the death of ihe decedent who was her husband. The lumber company was operating a steam sawmill at Crookston, Minn.
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In Error to the Circuit Court of the United States for the District of Minnesota. Marie F. Boutin, as administratrix of the estate of Frank Boutin, deceased, brought this action against the lumber company to recover damages for the death of ihe decedent who was her husband. The lumber company was operating a steam sawmill at Crookston, Minn. Logs were hauled front the river and rolled upon a deck at the north end of the mill from which, as needed, they were separately rolled upon a carriage which carried them up against a vertically running band saw to be worked into lumber. This carriage was…
1Opinion of the CourtAdams, Circuit Judge
The defendant was engaged in a hazardous business. It owed a duty to its employes to exercise all reasonable care to provide them with suitable and reasonably safe machinery and instrumentalities with which to do their work.
The evidence, we think, was sufficient to go to- the jury on the issue of negligence as charged. It tended to show that defendant did not exercise reasonable care in keeping the log carriage well in hand or sufficiently under control during the preliminary period of speeding up its mill, to prevent its insidious and dangerous movement along the track where employes were…
2Cases cited22 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
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- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
- H. D. Williams Cooperage Co. v. HeadrickCourt of Appeals for the Eighth Circuit · 1908
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