Frank v. Bullion Beck & Champion Mining Co.
Utah Supreme Court
Appeal fi'om the Fifth Judicial District Court, Juab County, Hon. E. Y. Higgins, Judge. Action by plaintiff for personal injuries alleged to be the result of an accident that occurred in defendant’s mine and through defendant’s negligence. From a judgment of non-suit plaintiff appeals, The court erred in granting said motion because no grounds at all therefor are stated in the motion.
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Appeal fi'om the Fifth Judicial District Court, Juab County, Hon. E. Y. Higgins, Judge. Action by plaintiff for personal injuries alleged to be the result of an accident that occurred in defendant’s mine and through defendant’s negligence. From a judgment of non-suit plaintiff appeals, The court erred in granting said motion because no grounds at all therefor are stated in the motion. It is error for the trial court to grant a non-suit, unless the grounds therefor are called to the attention of the trial judge and the plaintiff at the time the motion is made. Palmier v. Ma/rysmile Dem. Pub.…
1Opinion of the CourtMc Carty, District Judge
Respondent insists that the plaintiff, having voluntarily left his work and gone to the scene of the accident, *42tbe act was bis own, and that he assumed the extra hazards and dangers to which he thus exposed himself, and therefore can not recover.
As a general rule, when the servant voluntarily leaves his post of duty, and places himself outside of the scope of his employment, and while not in the discharge of any duty he owes to the master, incurs risks and dangers that he could have avoided by remaining where the duties of his employment required him to be, and is injured while thus off duty,…
2Cases cited8 opinions
- Coffey v. GreenfieldCalifornia Supreme Court · 1882
- Palmer & Rey v. Marysville Democrat Publishing Co.California Supreme Court · 1891
- Poehlmann v. KennedyCalifornia Supreme Court · 1874
- Wilson v. Sioux Consolidated Mining Co.Utah Supreme Court · 1898
- Wright v. Southern Pacific Co.Utah Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Smalley v. Rio Grande Western Ry. Co.Utah Supreme Court · 1908
- Gesas v. Oregon Short Line R.Utah Supreme Court · 1907
- McIntyre v. Ajax Mining Co.Utah Supreme Court · 1899
- In Re Bryan's EstateUtah Supreme Court · 1933
- Boyle v. Union Pacific RailroadUtah Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.