Cudahy Packing Co. v. Marcan

Citations

• 106 F. 645
• 54 L.R.A. 258
• 1901 U.S. App. LEXIS 3604

Syllabus

<p>1. Master and Servant — Assumption op Risk.</p> <p>A minor employed as a servant assumes, to the same extent as au adult, the ordinary dangers and risks of his employment: which he actually knows and appreciates, and those that are so apparent and open that one of his age, experience, and capacity would, in the exercise of ordinary care, know and appreciate them.</p> <p>2. Peremptory Instruction — Preliminary Question for Judge before Submission to Jury Always Arises.</p> <p>At the close of the evidence there is always a preliminary question for the judge before the case can he properly submitted to the jury, and that Is whether or not there is any substantial evidence upon which the jury can properly return a verdict in favor of the party who produces it, and, if there is no such evidence, it is the duty of the court to direct' the jury to return a verdict against him.</p> <p>8. Minor Asst mbs Risk of Slippery Floor.</p> <p>A minor who for four weeks had been working upon a block fourteen inches square and five inches in thickness, placed upon a wet, greasy, and slippery floor by himself, assumes the risk and danger of the slipping of the block upon the greasy floor, by means of which his hand is involuntarily thrown into the cylinders of a chopping machine.</p> <p>(Syllabus by the Court.)</p>