Olsen v. North Pacific Lumber Co.

Citations

• 119 F. 77
• 55 C.C.A. 665
• 1902 U.S. App. LEXIS 4640

Syllabus

<p>1. Appeal—Questions Review able on Second Appeal—Law op Case.</p> <p>Where the action of a trial court in a certain respect was specifically assigned as error in the appellate court, and was approved, at least by implication, the trial court is justified in following the same course on a second trial, and its action in so doing will not be again reviewed on a second appeal.</p> <p>3. Injury op Servant—Notice op Starting Machinery—Customary Manner op Operation.</p> <p>One employed as off-bearer in a sawmill, his duty being to remove the hooks from the log or cant after it has been placed on the carriage, is not entitled to notice when the carriage is about to start, where it is uniformly started as soon as the hooks are removed, and he has been engaged at the work a sufficient length of time to know such fact.</p> <p>8. Instructions— Conpormity to Issues.</p> <p>Where the complaint, in an action by a servant against the master to recover for an injury, alleged that such injury occurred through the negligence of a fellow servant who was “habitually careless and negligent,” which fact was known to defendant, and plaintiff introduced evidence of other alleged acts of negligence to sustain such allegation, it was not error to charge that to authorize a recovery the jury must find that the fellow servant was habitually careless, and that defendant knew or should have, known such fact.</p>