Grant v. Varney
Supreme Court of Colorado
Appeal from the District Court of Pitkin County. The plaintiff below, who is appellee here, instituted this action, as the widow and sole heir at law of Joseph N. Varney, deceased, to recover damages for the death of her husband, alleged to have been caused by the negligence of the defendants.
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Appeal from the District Court of Pitkin County. The plaintiff below, who is appellee here, instituted this action, as the widow and sole heir at law of Joseph N. Varney, deceased, to recover damages for the death of her husband, alleged to have been caused by the negligence of the defendants. The complaint charges that said Varney was a miner employed by the defendants to work in the St. Joe mine, and that whilst lie Avas so engaged in his employment, in running a drift therein, the roof thereof caved in and fell upon and instantly killed him. The caving.and-falling in of the roof were in…
1Opinion of the CourtJustice Campbell
The first instruction given by the court of its own motion is as follows:
“If the jury believe from the evidence in this case that the defendant, E. W. Bush, was superintendent of the defendants, and had full charge and control of the property and of the men employed therein,’then it was his duty to see that the drift in which deceased was at work was properly and securely timbered, and his failure to do so would be negligence, and his negligence would be the negligence of the other defendants whom he represented, and.he could not delegate this duty to an employé and shift the responsibility…
2Cases cited4 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Wells v. CoeSupreme Court of Colorado · 1886
- Clare v. PeopleSupreme Court of Colorado · 1886
- Holman v. Boston Land & Security Co.Supreme Court of Colorado · 1894
3Cited by45 opinions
- Kellyville Coal Co. v. StrineIllinois Supreme Court · 1905
- Coe v. Van WhySupreme Court of Colorado · 1905
- Knauf v. Dover Lumber Co.Idaho Supreme Court · 1911
- Gordon v. ClotsworthySupreme Court of Colorado · 1953
- Hammer v. JanowitzSupreme Court of Iowa · 1906
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