Bunker Hill & Sullivan Mining & Concentrating Co. v. Jones
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Oregon. This is an action for damages for personal injuries sustained by the defendant in error while working in one of the mines of the plaintiff in error.
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In Error to the Circuit Court of the United States for the District of Oregon. This is an action for damages for personal injuries sustained by the defendant in error while working in one of the mines of the plaintiff in error. It is alleged in the complaint that the plaintiff (defendant in error) was at the time of his injury, on February 13, 1902, and for some time prior thereto had been, in the employ of the defendant company in the capacity of miner and machineman; that at the time of the injury he was working as machineman in the west end of the Bodero stope of the defendant’s mine, and…
1Opinion of the CourtMorrow, Circuit Judge
It is assigned as error that at the close of the testimony the court refused-to direct the jury to find a verdict for the defendant, and that the court refused to give the following instructions:
“(1) If the jury should find that the plaintiff was injured from rock falling from above, and caused by the negligence of the shift boss in not putting up timbers, then the plaintiff cannot recover.
“(2) The shift boss is and was the fellow servant with the plaintiff, and the plaintiff is not entitled to recover.
“(3) If the jury should find that the statement of plaintiff and his witness is true —…
2Cases cited8 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Mather v. RillstonSupreme Court of the United States · 1895
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Coalgate Co. v. HurstSupreme Court of Oklahoma · 1910
- Laas v. LubicWest Virginia Supreme Court · 1926
- Mountain Copper Co. v. Van BurenCourt of Appeals for the Ninth Circuit · 1904
- Williams v. City of SpokaneWashington Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.