Mayhew v. Sullivan Mining Co.
Supreme Judicial Court of Maine
On exceptions. An action of the case to recover damages alleged to have been sustained by the plaintiff by the negligence of the defendants. The opinion states the case. The verdict was for the plaintiff in the sum of twenty-five hundred dollars.
Read the full summary
On exceptions. An action of the case to recover damages alleged to have been sustained by the plaintiff by the negligence of the defendants. The opinion states the case. The verdict was for the plaintiff in the sum of twenty-five hundred dollars. At the trial the defendant requested the following instructions to be given to the jury : "1st. If the negligent construction of the ladder-hole was the negligence of a servant of the company, and the plaintiff was also a servant of the company, the company would not be liable to the plaintiff for such negligence of his co-servant. "2d. If Mayhew was…
1Opinion of the CourtBarrows, J.
The plaintiff claimed to recover damages of the defendants on the ground that, prior to the 3d day of December, 1881, he had entered into a written contract with them to break down the rock and ore for a certain distance so as to disclose the vein in a certain drift in their mine leading northerly from the main shaft at a distance of two hundred and seventy feet from the surface, at an agreed price for each horizontal foot of rock and ore so broken down, he to furnish his own powder and oil and the men to run the machine (who were to be paid by him), the company to furnish the steam drill and…
2Cases cited2 opinions
- Lewis v. SmithMassachusetts Supreme Judicial Court · 1871
- Hill Manufacturing Co. v. Providence & New York Steamship Co.Massachusetts Supreme Judicial Court · 1878
3Cited by17 opinions
- Arizona Binghampton Copper Co. v. DicksonArizona Supreme Court · 1921
- Taylor v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1889
- Ginn v. Penobscot CompanySupreme Judicial Court of Maine · 1975
- National Syrup Co. v. CarlsonIllinois Supreme Court · 1895
- De Sandro v. Missoula Light & Water Co.Montana Supreme Court · 1913
12 more not listed; retrieve them via the Exa API.