Salladay v. Old Dominion Copper Mining Co.
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for the County of Gila. Frederick S. Nave, Judge. The facts are stated in the opinion. The amended complaint states facts sufficient to constitute a cause of action under our statutes. The general demurrer of the appellee admits all matters of fact alleged and all deductions and conclusions which by reasonable intendment naturally arise from the facts admitted. Phoenix Nat.
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APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for the County of Gila. Frederick S. Nave, Judge. The facts are stated in the opinion. The amended complaint states facts sufficient to constitute a cause of action under our statutes. The general demurrer of the appellee admits all matters of fact alleged and all deductions and conclusions which by reasonable intendment naturally arise from the facts admitted. Phoenix Nat. Bank v. A. B. Cleveland Co., 34 N. T. St. Rep. 498, 11 N. T. Supp. 873; Marie v. Garrison, 83 N. Y. 14; Milliken v. W. U. Tel. Co., 110 N.…
1Opinion of the Court
KENT, C. J. —
This is an action to recover damages for injuries causing the death of an infant of the age of three years. The complaint alleges, in substance: That near the house where the child resided with her parents there was an unin-closed lot, where the child-and other children were permitted to go, and did go with the knowledge of the defendant, and that such uninelosed lot was a safe place. That thereafter the defendant company negligently erected thereon a certain open flume about two feet across the top, U-shaped, and about six hundred feet long, which was partly constructed and…
2Cases cited5 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Stendal v. BoydSupreme Court of Minnesota · 1898
- McCabe v. American Woolen Co.U.S. Circuit Court for the District of Massachusetts · 1903
- McCabe v. American Woolen Co.Court of Appeals for the First Circuit · 1904
3Cited by38 opinions
- Salt River Valley Water Users' Ass'n v. ComptonArizona Supreme Court · 1932
- McCleod v. Tri-State Milling Co.South Dakota Supreme Court · 1946
- Downs v. Sulphur Springs Valley Electric Cooperative, Inc.Arizona Supreme Court · 1956
- Loveland v. Orem City Corp.Utah Supreme Court · 1987
- Orr Ditch & Water Co. v. Justice Court of Reno TownshipNevada Supreme Court · 1947
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