Western Coal & Mining Co. v. Berberich
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Arkansas. This action was brought by Joseph Berberich, plaintiff below, against the Western Coal & Mining- Company, defendant below, to recover damages for personal injuries sustained by the plaintiff, while working for the defendant as a. coal miner in its coal mine, by reason of an explosion of gas in the mine.
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In Error to the Circuit Court of the United States for the Western District of Arkansas. This action was brought by Joseph Berberich, plaintiff below, against the Western Coal & Mining- Company, defendant below, to recover damages for personal injuries sustained by the plaintiff, while working for the defendant as a. coal miner in its coal mine, by reason of an explosion of gas in the mine. The cause oí' action is thus stated in the complaint: “That prior to the 18th day of December, 1893, defendant employed and engaged plaintiff to work in said coal mine of defendant at Denning, Eranklin…
1Opinion of the CourtCaldwell, Circuit Judge
(after stating the facts as above). At the close of the testimony the defendant preferred a request for a peremptory instruction to the jury to return a verdict for the defendant, upon the ground that the testimony was not sufficient to warrant a verdict for the plaintiff. The court refused to give the instruction, and this ruling is the first assignment, and apparently the one chiefly relied on, as some 60 pages in the brief of 78 pages are taken up with its discussion. The testimony as to the facte was voluminous and conflicting, and the opinions of the experts, as •commonly happens,…
2Cases cited11 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Transportation Line v. HopeSupreme Court of the United States · 1877
- Mather v. RillstonSupreme Court of the United States · 1895
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Svenson v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Eighth Circuit · 1937
- Missouri, K. & T. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1900
- William Carlson v. Chisholm-Moore Hoist CorporationCourt of Appeals for the Second Circuit · 1960
19 more not listed; retrieve them via the Exa API.