William Sebald Brewing Co. v. Tompkins

Citations

• 221 F. 895
• 137 C.C.A. 465
• 1915 U.S. App. LEXIS 1384

Syllabus

<p>1. Negligence <§=136—Contributoey Negligence—Questions foe Juey.</p> <p>Though tlie evidence is substantially undisputed, the questions of negligence and contributory negligence should not bo withdrawn from the jury, unless the evidence is so conclusive that all reasonable men, in the exercise of an honest and impartial judgment, can draw but one conclusion from the evidence and the reasonable inferences therefrom, considered in the light most favorable to plaintiff.</p> <p>TEd. Note.—For other cases, see Negligence, Cent. Dig. §§ 277-353; Dee. Dig. <§=136.]</p> <p>2. Masteb and Servant <§=286, 289—Actions foe Injuries—Questions foe Juey.</p> <p>In an action for injuries to an employs of a brewing company who was cleaning steam condensers on the roof of a building by the side of which boards were placed on which to stand, and who, in passing around the end of one of the condensers, stepped through a hole one or two feet from the board on which he was at work, and over which a window sash or skylight had been placed, where the evidence was conflicting as to whether, the window sash lay flat upon the roof, or was raised some six inches or more from the roof, and whether a hop sack was spread entirely over the window sash, or only thrust into the opening where a pane was broken, and plaintiff testified that he did not remember ever being on the roof before, and that he had never noticed the hole, or the sash over it, the questions of negligence and contributory negligence were properly submitted to the jury.</p> <p>[Ed. Note.-—For other cases, see Master and Servant, Cent. Dig. §§ 1001, 1006, 1008, 1010-1015, 1017-1033, 1036-1012, 1044, 1046-1050, 1089, 1090, 1092-1132; Dec. Dig. <§=286, 289.J</p> <p>®=»Fcr other oases see same i.opio & KEY-NUMBER in all Key .Numbered Digests & Indexes</p> <p>3. Master and Servant <§=>115—Liability for Injuries—Unsafe Place to Work.</p> <p>Where employés of a brewing company were from time to time sent to the roof of a building to c