Hone v. Mammoth Mining Co.
Utah Supreme Court
Appeal from the Fifth District Court, Juab County.— Ron. T. Marioneaux, Judge. Action to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant. Prom a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OF FACTS.
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Appeal from the Fifth District Court, Juab County.— Ron. T. Marioneaux, Judge. Action to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant. Prom a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OF FACTS. This is an action to recover for personal injuries to plaintiff, alleged to have been caused by the negligence of the defendant while the plaintiff, as an employee of the defendant, was engaged as a miner in defendant’s mine. The complaint in substance alleges that the defendant negligently failed to furnish…
1Opinion of the CourtBaskin, C. J.
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*176 2
*175Contributory negligence, as defined in 7 Am. & Eng. Ency. of Law, p. 371, “is the want of ordinary care upon the part of a person injured by the actionable negligence of another, combining and concurring with that negligence, and contributing to the injury as a proximate cause thereof, without which the injury would not have occurred.” This is an accurate definition of contributory negligence. See Faulkner v. Mammoth Mining Co., 23 Utah 437-441, 66 Pac. 799. There is a want of ordinary care on the part of the plaintiff only when, under all of the circumstances and surroundings of the case,…
2Cases cited5 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Linden v. Anchor Mining Co.Utah Supreme Court · 1899
- Faulkner v. Mammoth Mining Co.Utah Supreme Court · 1901
- Lent v. N. Y. C. & H. R. R. R.New York Court of Appeals · 1890
- Holland v. Oregon Short Line RailroadUtah Supreme Court · 1903
3Cited by5 opinions
- Jensen v. SawyersUtah Supreme Court · 2005
- Petersen v. Utah Labor Comm'nUtah Supreme Court · 2017
- Moore v. MilesUtah Supreme Court · 1945
- Mathews v. Daly-West Mining Co.Utah Supreme Court · 1904
- Petersen v. Utah Labor Comm'nUtah Supreme Court · 2017