Legal Opinion

Wyoming Coal Mining Co. v. Stanko

Wyoming Supreme Court

Decided November 3, 1913No. 727Published

ERROR to the District Court, Sheridan County; Hon. Carroll H. ParmRles, Judge. The action was brought by Paul Stanko against the Wyoming Coal Mining Company to recover damages for a personal injury alleged to have been received by the plaintiff while in the employ of the defendant in its-coal mine, and through its negligence. A general verdict was returned, in favor of the plaintiff for $3200, and judgment was rendered against the company upon the verdict.

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ERROR to the District Court, Sheridan County; Hon. Carroll H. ParmRles, Judge. The action was brought by Paul Stanko against the Wyoming Coal Mining Company to recover damages for a personal injury alleged to have been received by the plaintiff while in the employ of the defendant in its-coal mine, and through its negligence. A general verdict was returned, in favor of the plaintiff for $3200, and judgment was rendered against the company upon the verdict. In connection with the general verdict the jury returned answers to special interrogatories as follows: “Q. 1. Plow did the plaintiff…

1Opinion

ON MOTION FOR REHEARING.

Beard, Justice.

The defendant in error has filed a motion for a rehearing in this case in which the point most strongly urged is that we were in error in holding that a fair construction of the petition is, that the only negligence charged as the cause of the injury was the alleged failure of the defendant to inspect and keep its coal cars in reasonably good repair and safe condition, and not that the cars were unsafe by reason of improper or defective construction. The allegations of the petition are quoted in the opinion, 135 Pac. 1090, and need not be repeated here.…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Hawker v. B. &. O. R. R.West Virginia Supreme Court · 1879
  2. Wyoming Coal Mining Co. v. StankoWyoming Supreme Court · 1913
  3. Estes v. Edgar Zinc Co.Supreme Court of Kansas · 1913

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