Legal Opinion

Kyner v. Portland Gold Mixing Co.

Court of Appeals for the Eighth Circuit

Decided December 29, 1910No. 2,893PublishedCited by 10 opinions

In Error to the Circuit Court of the United States for the District of Colorado. Action by Percy E. Kyner against the Portland Gold Mining Company. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

VAN DEVANTER, Circuit Judge.

While employed as an engineer’s helper or oiler in the engine house of a mine in Colorado, the plaintiff in error was caught, thrown, and injured by a moving cable ov.er which he was stepping at the time, and he now complains that, upon the trial of an action brought by him against his employer, the defendant in error, to recover damages for the injuries so sustained, the Circuit Court directed a verdict against him. The only evidence relating to the circumstances surrounding the injury was that given by the plaintiff himself, and it conclusively established these…

2Cases cited11 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
  3. National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
  4. United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
  5. Butler v. FrazeeSupreme Court of the United States · 1908

6 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Smith v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1921
  2. Gaither v. E. H. Clement Co.Supreme Court of North Carolina · 1922
  3. Portland Gold Mining Co. v. DukeCourt of Appeals for the Eighth Circuit · 1911
  4. Gaither v. . ClementSupreme Court of North Carolina · 1922
  5. Hutcherson v. Amarillo St. Ry. Co.Court of Appeals of Texas · 1915

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