Melkusch v. Victor American Fuel Co.
New Mexico Supreme Court
Appeal from District Court, McKinley County; H. F. Raynolds, Judge. Action by Matt Melkusch against the Vi(.dor American-Fuel Company. From a judgment Cor defendant, plaintiff appeals. Servant did not assume the risk on account of breach by master of duty imposed upon him hy statute.
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Appeal from District Court, McKinley County; H. F. Raynolds, Judge. Action by Matt Melkusch against the Vi(.dor American-Fuel Company. From a judgment Cor defendant, plaintiff appeals. Servant did not assume the risk on account of breach by master of duty imposed upon him hy statute. O. 80, Laws 1912; sec. 234-3, C. L. 1897; Nacramore v. Cleveland C. C. & St. L. E. E. Co., 96 Fed. 298; Fitzwater v. Warren, 42 L. E. A. (N. S.) (N. Y.) 1229; Welch v. The Waterbury Co., 206 N Y. 522; 5 Labatt’s Mas. & Ser. 5061; Johnson v. Mammoth Vein Coal Co.> 19 L. E. A. (N. S'.) 646; Low v. Clear Creek C.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
(after stating the facts as above.) —
[1] Under the facts in this case as disclosed by the rec- or'd, the paramount question presented is whether the appellant assumed the risk incident to the appellee’s violation of the statute, which required it to “provide an ample supply of timbers and to cause the same to be delivered, on the pit car, at the request of the miners, as near as practicable to the place where the same are to be used” (paragraph 11, sub-see. 64, § 3507, Code 1915), failure to comply with which is made a penal offense by sub-section 20 of the…
2Cases cited6 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Knisley v. . PrattNew York Court of Appeals · 1896
- Streeter v. Western Wheeled Scraper Co.Illinois Supreme Court · 1912
- Denver & R. G. R. Co. v. NorgateCourt of Appeals for the Eighth Circuit · 1905
- Young v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dunleavy v. MillerNew Mexico Supreme Court · 1993
- McMullen v. Ursuline Order of SistersNew Mexico Supreme Court · 1952
- Caviness v. Driscoll Const. Co.New Mexico Supreme Court · 1935
- Clay v. Texas-Arizona Motor Freight, Inc.New Mexico Supreme Court · 1945
- Pettes v. JonesNew Mexico Supreme Court · 1937
5 more not listed; retrieve them via the Exa API.