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SOUTHWESTERN BREWERY AND ICE COMPANY v. SCHMIDT

No. 55.

226 U.S. 162 (1912)

SOUTHWESTERN BREWERY AND ICE COMPANY v. SCHMIDT.

Supreme Court of United States.

Decided December 2, 1912.

Attorney(s) appearing for the Case

Mr. Francis E. Wood, with whom Mr. O.N. Marron was on the brief, for plaintiff in error.

Mr. Neill B. Field for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action by a servant for personal injuries. The declaration alleged that it was the plaintiff's duty to cook brewer's mash in a cooker, that the cooker was so out of repair that the plaintiff was unwilling to use it, but that the defendant requested him to go on until it could be repaired and promised that it should be within a very

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