Butler v. Frazee
Citations
- 211 U.S. 459
- 29 S. Ct. 136
- 53 L. Ed. 281
- 1908 U.S. LEXIS 1559
Syllabus
<p>The common-law rule of assumption of known risk by the employe has never been modified by statute in.the District of Columbia, and even if hardship results the court must enforce the rule.</p> <p>One understanding the condition of machinery and dangers arising therefrom, or who is capable of so' doing, and voluntarily, in the course of employment, exposes' himself thereto, assumes the risk thereof and if injury results cannot recover against his employer.</p> <p>Although the plaintiff, if of full age and understanding, may testify to the contrary, where the elements and combination out of which the danger arises are so visible and have been of such long standing that the dangers are obvious to all, the question is one of law for the court and the judge should instruct the jury that á verdict for plaintiff cannot be sustained.</p> <p>In this case, held that anemployé.in a laundry,'who had .been employed in laundries for two years and was familiar with the machinery used therein, could not recover for injuries received by a machine on which she had been working for three months, and the imperfections, if any, of which she did not at any time report to her employer.</p>
Judges: Moody
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55 cases in this archive cite this case; the 20 most cited are listed.
- Tichnell v. StateCourt of Appeals of Maryland· 1980-06-10· cited 300×
- Morrison v. MacNamaraDistrict of Columbia Court of Appeals· 1979-10-02· cited 160×
- In Re PorterfieldCalifornia Supreme Court· 1946-04-30· cited 141×
- Delaware, Lackawanna & Western Railroad v. KoskeSupreme Court· 1929-02-18· cited 121×
- Southern Pacific Co. v. BerkshireSupreme Court· 1921-01-03· cited 108×
- United States Smelting Co. v. ParryEighth Circuit· 1909-01-06· cited 97×
- Cincinnati, N. O. & T. P. Ry. Co. v. ThompsonSixth Circuit· 1916-10-12· cited 41×
- Bonner v. Texas Co.Fifth Circuit· 1937-04-05· cited 23×
- Barker v. Kansas City, Mexico & Orient Railway Co.Supreme Court of Kansas· 1913-02-08· cited 23×
- Cunard S. S. Co. v. SmithSecond Circuit· 1918-12-11· cited 23×
- People v. GreerAppellate Court of Illinois· 1977-10-05· cited 21×
- O'Toole v. PruynMassachusetts Supreme Judicial Court· 1909-02-25· cited 19×
- Fraser v. BlanchardSupreme Court of Vermont· 1909-09-07· cited 18×
- Duggan v. HeaphySupreme Court of Vermont· 1912-05-13· cited 16×
- Seaboard Air Line Ry. Co. v. JohnsonSupreme Court of Alabama· 1927-12-22· cited 15×
- Gainey v. PeabodyMassachusetts Supreme Judicial Court· 1913-01-04· cited 14×
- Dailey v. Swift & Co.Supreme Court of Vermont· 1912-10-07· cited 14×
- Grammer v. Mid-Continent Petroleum CorporationTenth Circuit· 1934-05-01· cited 13×
- Kyner v. Portland Gold Mixing Co.Eighth Circuit· 1910-12-29· cited 10×
- Davis v. CraneEighth Circuit· 1926-04-19· cited 9×
Cites
5 cases in this archive are cited by this case.
- Patton v. Texas & Pacific Railway Co.Supreme Court· 1901-01-07· cited 557×
- Washington & Georgetown Railroad v. McDadeSupreme Court· 1890-05-19· cited 259×
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court· 1907-03-04· cited 245×
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court· 1887-05-23· cited 150×
- Texas & Pacific Railway Co. v. SwearingenSupreme Court· 1904-12-19· cited 85×
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