The Federal Reporter (Volume 136); Cases Argued and Determined in the Circuit and District Courts of the United States (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905. Excerpt: ... of itself preclude a plaintiff from recovery. Fickett v. Fibre Co., 91 Me. 268, 39 Atl. 996. To permit Dr. Ward to walk into a dangerous situation, the extent of which could only be guessed at by him, was gross negligence, and the simple warning to "beware of the hatch" cannot relieve the owners from liability, nor fasten upon the decedent the charge of contributory negligence. He could observe the warning only to the extent of his knowledge under the circumstances, and it was the master's business to see to it that he passed the danger safely. Contributory negligence or want of due care is not found in a failure to exercise the best judgment or to use the wisest precaution, but allowance must be made for the extent of information one may possess of the nature of the danger by which he is surrounded, or as to whether he fully realizes, from his limited knowledge, what he shall do to avdid the danger. Let a decree be drawn in favor of the libelant. BRUSH CREEK COAL & MINING CO. v. MORGAN-GARDNER ELECTRIC CO. (Circuit Court, W. D. Missouri, W. D. April 8, 1905.) Foreign Corporations--Process--Service On Officer--Jurisdiction. Service of process on a general officer of a foreign corporation, who voluntarily came into the state to adjust a difference between the corporation and plaintiff with reference to the subject-matter of the suit, while such agent was within the state, was sufficient to confer jurisdiction of the corporation. Ed. Note.--For cases In point, see vol. 12, Cent. Dig. Corporations, I 2013. Service of process on foreign corporations, see note to Eldred v. American Palace Car Co., 45 C. C. A. 3. Scarrett, Griffith & Jones, for plaintiff. Frank Hagerman, for defendant. AMIDON, District Judge. The defendant is an Illinois corporation, owning and...