Workmen's Compensation Law Journal

Cover Workmen's Compensation Law Journal
Workmen's Compensation Law Journal
William Otis Badger
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N. & W. R. Co. v. Earnest, 229 U. S. 114, 119, 33 Sup.
Ct. 654, 57 L. Ed. 1096, Ann. Cas. 1914C, 172; Southern Ry. Co. v. Smith, Digitized by Google 1920.] KALASHIAN v. "HINES. DIR. GEN. OF RDS. (Wis) 245 205 Fed. 360. 123 C. C. A. 488; D. L. & W. R. Co. v, Hughes, 240 Fed.
941, 153 C. C. A. 627; Ry. Co. v. Scanlon, 259 Fed. 137. 141, 170 C. C.
A. 205.
Defendant insists that this case must be controlled in its favor by the ruling of the federal court in the case of Aerkfetz v. Humphries, 145 U.
... S.
418, 12 Sup. Ct. 835, 36 L. Kd. 758.
I8J There the plaintiff, a track repairer, familiar with the manner of work, was injured by the slow movement of an engine pushing two cars against him; he standing with his back to the approaching cars at work without looking or watching for the engine. It was there held that there was no reasonable ground under the evidence to charge the duty on the engineer of expecting that an employe so stationed would pay no attention to hijf own safety. The court there expressed the opinion that the ringing of bells and sounding of whistles under such circumstances would have simply tended to confusion.


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