Cudahy Packing Co. v. Anthes

Citations

• 117 F. 118
• 54 C.C.A. 504
• 1902 U.S. App. LEXIS 4414

Syllabus

<p>1. Master and Servant—Injuries to Servant—Proximate Cause—Instruction.</p> <p>In action by a servant for injuries owing to the parting of a rope by which an elevator was raised and lowered, the court charged, in substance, that it was defendant’s duty to provide a reasonably safe rope, and that if defendant violated such duty plaintiff could recover. Defendant contended that the instruction was erroneous, and that it did not require the jury to find whether such negligence was the proximate cause of the injury. Held, that the contention was of no merit, since, if the rope was not safe, defendant’s negligence was unquestionably the proximate cause of plaintiff’s injury.</p> <p>2. Same—Fellow Servant—Concurring Negligence.</p> <p>Where a servant is injured owing to the negligence of the master in furnishing proper appliances for an elevator, the negligence of a fellow servant in the operation of the elevator does not relieve the master from liability.</p> <p>8. Same—Negligence of Fellow Servant.</p> <p>In action for injuries sustained by a servant owing to the parting of the rope by which the elevator was raised and lowered, when it was suddenly stopped by a fellow servant, there was nothing in the evidence to indicate that it was regarded by any one as hazardous to stop the elevator suddenly, or anything tending to show that the operator generally stopped it more slowly than on the occasion of the accident, nor that he knew of any weakness in the rope, or ground for apprehending danger. Held, that no negligence on the part of the operator was shown.</p> <p>4. Same—Elevator. Inspector.</p> <p>One inspecting an elevator is not a fellow servant of one whose duties require him to ride on the elevator.</p> <p>If 4. Who are fellow servants, see notes to Railroad Co. v. Smith, 8 C. C. A. 668; Railway Co. v. Johnston, 9 C. C. A. 596; Flippin v. Kimball, 31 C. C. A. 286.</p>