Mangum v. Bullion, Beck & Champion Mining Co.
Utah Supreme Court
Appeal from the Fifth district court, Juab county. E. V. Higgins, Judge. Action by Willis L. Mangum against Bullion, Beck and Champion Mining Company for injuries sustained in defendant’s mine. From a judgment for plaintiff, defendant appeals. There must not only be objection amounting to protest on the part of the servant, but that there was promise express or implied sufficient to induce the servant to remain, and upon which he acted.
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Appeal from the Fifth district court, Juab county. E. V. Higgins, Judge. Action by Willis L. Mangum against Bullion, Beck and Champion Mining Company for injuries sustained in defendant’s mine. From a judgment for plaintiff, defendant appeals. There must not only be objection amounting to protest on the part of the servant, but that there was promise express or implied sufficient to induce the servant to remain, and upon which he acted. Bailey on Master’s Liability, 212, 213 and 214; By. v. Watson, 14 N. E. Bep. 721; By. v. Watson, 15 N. E. Bep. 874; Sweeney v. Berlin, 5 N. E. Bep. 358;…
1Opinion of the Court
Baetch, J.:
The plaintiff brought this action to recover damages for personal injuries, which he claims he received because of the negligence of the defendant. The trial resulted in a verdict in his favor for $4,750, and judgment was entered accordingly. A motion for a new trial having been overruled, the defendant prosecuted its appeal to this court.
It is insisted for the appellant that the complaint fails to state a cause of action, either upon the ground of promise and inducement or negligence. No question was raised respecting the sufficiency of the complaint until after the trial, and…
2Cases cited28 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Donellan v. HardyIndiana Supreme Court · 1877
23 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Berg v. Otis Elevator Co.Utah Supreme Court · 1924
- Whittaker v. FergusonUtah Supreme Court · 1898
- Williams v. Oregon Short Line RailroadUtah Supreme Court · 1898
- Faulkner v. Mammoth Mining Co.Utah Supreme Court · 1901
- Universal Investment Company v. Carpets, IncorporatedUtah Supreme Court · 1965
20 more not listed; retrieve them via the Exa API.