Inspiration Consolidated Copper Co. v. Conwell
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Grila. Gr. W. Shute, Judge. STATE MEET OF FACTS. This is au action for damages for the death of Lawrence Conwell, alleged to have been caused by the negligence of the defendant. The plaintiff is the administratrix of Conwell’s estate. Conwell was a motorman in the service of the defendant, and was killed by the .derailment of a train of ore-cars.
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APPEAL from a judgment of the Superior Court of the County of Grila. Gr. W. Shute, Judge. STATE MEET OF FACTS. This is au action for damages for the death of Lawrence Conwell, alleged to have been caused by the negligence of the defendant. The plaintiff is the administratrix of Conwell’s estate. Conwell was a motorman in the service of the defendant, and was killed by the .derailment of a train of ore-cars. The plaintiff claimed damages in the snm of $25,000. The defendant interposed a general demurrer to the complaint, and pleaded both in abatement and in bar that the employment of Conwell…
1Opinion of the CourtBaker, J.
(After Stating the Facts as Above.)— The defendants assignments of error Nos. 1, 2, 3 and 10 are based upon the action of the court in overruling the general demurrer to the complaint, striking out pleas in abatement and in bar of the action, and the denial’ of the defendant’s request for an instructed verdict. These matters were all predicated upon the proposition that the Compensation Act (chapter 7, tit. 14, Rev. Stats. 1913) was applicable, and governed the employment of the deceased, Con-' well, and that it measured the liability of the defendant and precluded plaintiff from instituting…
2Cases cited10 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Sparf v. United StatesSupreme Court of the United States · 1895
- Georgia v. BrailsfordSupreme Court of the United States · 1794
- Chicago, Rock Island & Pacific Railway Co. v. ColeSupreme Court of the United States · 1919
- Southern Pacific Co. v. WilsonArizona Supreme Court · 1906
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- Heimke v. MunozArizona Supreme Court · 1970
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