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· 5/8/1912

Dunlevy & Bro. Co. v. Forrest

Citations

  • 197 F. 34
  • 1912 U.S. App. LEXIS 1267

Syllabus

<p>1. Master and Servant (§ 286’*) — Action for Injury to Servant — Questions for Jury.</p> <p>In an action to recover for the death of an employé by being caught in machinery, whether the machinery was safeguarded as required by a state statute is ordinarily a question for the jury.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 100J, 1006, 1008, .1010-1015, 1017-1033, 1036-1042, 1044, 1046-1050; Dee. Dig. § 286.*]</p> <p>2. Master and Servant (§ 289*) — Action for Injury to Servant — Questions for Jury — Contributory Negligence.</p> <p>In an action to recover for the death of a servant, the question of contributory negligence held properly submitted to the jury on evidence showing that, while deceased was oiling machinery in an obscure light, he was caught by a set screw on another part of the machinery, of which he had not been warned.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 1089, 1090, 1092-1132; Dec. Dig. § 289.*]</p>

Judges: Bradford, Buffington, Gray

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