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· 11/13/1911

Otis Elevator Co. v. Mann

Citations

  • 191 F. 716
  • 112 C.C.A. 306
  • 1911 U.S. App. LEXIS 4978

Syllabus

<p>Master and Servant (§ 230*)- — Master’s Liability for Injury to Servant —Contributory Negli&ence.</p> <p>In an action by a minor employe, 16 years old, against his employer, to recover for personal injuries, the question whether or not plaintiff was chargeable with contributory negligence, when one for the jury, is to be determined in view of all the circumstances of the case, of which his age is one.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 687-700; Dec. Dig. § 230.*]</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “The Court cannot allow this action to clog its docket merely because [a] defendant[] cannot be found.”
  • the pro se plaintiff’s failure to exercise reasonable diligence to cause service of process to be made on a defendant warranted the involuntary dismissal of the action without prejudice as to the unserved defendant under Rule 41(b) for failure to prosecute

Source: CourtListener parenthetical corpus (CC0).

Judges: Ward

Read full opinion on CourtListener

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