Mountain Copper Co. v. Van Buren
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. This is a suit to recover damages for the death of John Van Burén, occasioned by the alleged negligence of the plaintiff in error.
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In Error to the Circuit Court of the United States for the Northern District of California. This is a suit to recover damages for the death of John Van Burén, occasioned by the alleged negligence of the plaintiff in error. A brief outline of the general character of some of the facts of this case will be sufficient to illustrate the points raised by the assignments of error: The defendants in error are the sole heirs at law of John Van Burén, deceased, to wit, his widow and three children. About February 10, 1900, John Van Burén went to Iron Mountain, in Shasta county, and sought employment…
1Opinion of the CourtHawley, District Judge
(after making the foregoing statement). 1. Did the court err in refusing to instruct the jury to find for the defendant in the court below (plaintiff in error here) ?
The arguments of counsel upon this point cluster around the proposition as to whether or not there is any evidence in the record showing or tending to show any negligence on the part of plaintiff in error; the contention of the defendants in error being that the evidence shows that the cave occurred by reason of the insufficient and negligent timbering of the mine by the plaintiff in error, and its failure to take the necessary…
2Cases cited23 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rumely v. United StatesCourt of Appeals for the Second Circuit · 1923
- Dimmick v. United StatesCourt of Appeals for the Ninth Circuit · 1905
- Montana Mining Co. v. St. Louis Min. & Mill. Co. of MontanaCourt of Appeals for the Ninth Circuit · 1906
- Contractors' Supply & Equipment Co. v. T. E. Hill Co.Court of Appeals for the Seventh Circuit · 1906
- Miller & Lux, Inc. v. PetrocelliCourt of Appeals for the Ninth Circuit · 1916
8 more not listed; retrieve them via the Exa API.