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Mattley v. Giesler (C. C. A.)..

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Mississippi River Power Co., Hagerla v.

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Safe Deposit Co. v. (C. C. A.)..
Melovich, Stone & Webster Engineering
Corp. v. (C. C. A.)..
Merck v. Treat (C. C. A.)...
Metal Stamping Co. v. Gerhab (C. C. A.).. 757
Metropolitan Trust & Savings Bank V.
Royal Trust Co. (C. C. A.)..........
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Middleton v. P. Sanford Ross (D. C.)..... 799
Miller v. Spring Garden Ins. Co. (C. C. A.) 442
Mississippi River Power Co., Hagerla v.
(D. C.)...

Phelps Lumber Co. v. McDonough Mfg. Co. (C. C. A.)..

Philadelphia Pickling Co. v. United States (C. C. A.).

Patterson v. United States (C. C. A.).. 208 Peet, Elliott v. (C. C. A.).

434

Pennsylvania Steel Co. v. New York City R. Co. (D. C.)...

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Pennsylvania Steel Co. v. New York City. R. Co. (D. C.)...

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Phelps Lumber Co. v. McDonough Mfg. Co. (C. C. A.)..

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Philadelphia & G. S. S. Co. v. McCauldin (C. C. A.)..

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Mississippi Valley Fuel Co. v. Watson Coal Co. (C. C. A.)...

Phoenix Knitting Works v. Rich, two cases (C. C. A.).

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Mitchell, In re (D. C.).

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Mountain Timber Co., Wilson Case Lumber
Co. v. (D. C.)...

Prentis, United States v. (C. C. A.)..
P. Sanford Ross, Middleton v. (D. C.)..
Puget Sound Traction, Light & Power Co.
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ARGUED AND DETERMINED

IN THE

UNITED STATES CIRCUIT COURTS OF APPEALS THE DISTRICT COURTS, AND THE

COMMERCE COURT

CASEY V. BARBER ASPHALT PAVING CO.

(Circuit Court of Appeals, Ninth Circuit.

No. 2,161.

February 3, 1913.)

MASTER AND Servant (§ 121′′)—INJURIES TO SERVANT-EMPLOYERS' LIABILITY ACT-SAFEGUARDING MACHINERY-"FACTORY”—“MILL.”

Machinery consisting of a mixer, grinder, heater, rolls, and elevators for hoisting materials, all operated by a large gasoline engine, and assembled on a flat car used in preparing the machinery for street paving, and moved from place to place on ordinary railroad tracks according to exigencies of defendant's paving business, was a "factory" or "mill" within Wash. Factory Act March 6, 1905 (Laws 1905, c. 84), as amended by Wash. Laws 1907 (Laws 1907, c. 205), requiring every person, firm, or corporation operating a factory, mill, or workshop where machinery is used to provide safeguards for all shafting, gears, etc.; the word "factory" being deemed to include any premises where steam, water, or other mechanical power is used in the aid of any manufacturing process without reference to whether it is inclosed in a building, the word "mill" being also defined as a common name for various machines which produce a manufactured product, or change the form of raw material by continuous repetition of some action, etc.

[Ed. Note.-For other cases, see Master and Servant, Cent. Dig. §§ 228-231; Dec. Dig. § 121.*

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For other definitions, see Words and Phrases, vol. 3, pp. 2642, 2643; vol. 5, pp. 4506-4508.]

In Error to the District Court of the United States for the Southern Division of the Eastern District of Washington; Frank H. Rudkin, Judge.

Action by E. L. Casey against the Barber Asphalt Paving Company. A judgment (192 Fed. 432) for defendant non obstante was entered, and plaintiff brings error. Reversed and remanded, leaving judgment for plaintiff on the verdict in full force.

The plaintiff in error brought this action in the court below to recover damages for personal injuries, alleging in his complaint, among other things, that on the 6th day of August, 1909, the defendant to the action was operating a certain mill, factory, and workshop in the city of Walla Walla, Wash., in the mixing, grinding, and manufacturing of asphalt paving, the plaintiff being one of its employés; that prior to and at the time mentioned the de⚫For other cases see same topic & § NUMBER in Dec. & Am. Digs. 1907 to date, & Rep'r Indexes 202 F.-1

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