Reese v. Morgan Silver Mining Co.
Utah Supreme Court
Appeal from the third district court, Summit county, Hon. A. G-. Norrell, Judge. Action by E. W. Reese, administrator of the estate of Meredith Reese, deceased, against the Morgan Silver Mining Company. From a judgment for plaintiff, defendant appeals. That the defendant was guilty of negligence, see Butte v. Coal Co., 47 Pac. Rep. 77. It is error to instruct the jury that what is contributory negligence in one may not be in another. See 11 Ency.
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Appeal from the third district court, Summit county, Hon. A. G-. Norrell, Judge. Action by E. W. Reese, administrator of the estate of Meredith Reese, deceased, against the Morgan Silver Mining Company. From a judgment for plaintiff, defendant appeals. That the defendant was guilty of negligence, see Butte v. Coal Co., 47 Pac. Rep. 77. It is error to instruct the jury that what is contributory negligence in one may not be in another. See 11 Ency. Plead. 131. If a machine or appliance wherewith, or place wherein the servant is put to work is unsafe, and that fact is open equally to. the…
1Opinion of the Court
MINER, J.:
Plaintiff’s decedent, while employed by fhe defendant as a laborer, was killed while descending a ladder into-defendant’s mine, and this action was brought to recover damages, because of the defendant’s negligence in furnishing decedent dangerous, rotten, and unsafe ladder *492upon which to descend into its mine to his work. This case came before this court on appeal from a judgment of non suit on a former trial, and the decision therein is reported in 15 Utah 453. Upon that hearing, based upon evidence reported in the. case, we held that the question of the contributory negligence of…
2Cases cited1 opinion
- Reese v. Morgan Silver Mining Co.Utah Supreme Court · 1897
3Cited by7 opinions
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- Atchison, Topeka & Santa Fe Railroad v. OsbornSupreme Court of Kansas · 1902
- Engen v. Rambler Copper & Platium Co.Wyoming Supreme Court · 1912
- State v. BurkeUtah Supreme Court · 1942
- Olson v. Oregon Short Line RailroadUtah Supreme Court · 1902
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