Patnode v. Harter
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, White Pine County. A. L. Fitzgerald, District Judge. The facts are stated in the opinion. I. Appellant was in the employ, of respondents as a miner, ■and consequently a contract relation existed between the parties to this action.
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Appeal from the District Court of the State of Nevada, White Pine County. A. L. Fitzgerald, District Judge. The facts are stated in the opinion. I. Appellant was in the employ, of respondents as a miner, ■and consequently a contract relation existed between the parties to this action. Proof of the accident and of the injury inflicted and damages sustained by the appellant makes a prima Jade case, and the burden of showing the absence of negligence upon the part of respondents, or the existence of contributory negligence upon the part of appellant, was cast upon the respondents. (Fairchild v.…
1Opinion of the Court
By the Court,
Murphy, J.
This is an action to recover damages for injuries received by plaintiff while employed at work in defendants’ mine. The court below granted a nonsuit upon the ground that the testimony introduced by the plaintiff showed that the plaintiff had by his own negligence proximately contributed to the injuries he received. The testimony shows that plaintiff was forty-two years of age; that he had been engaged in the business of mining for a number of years; that he had been at work for defendants for a period of sixteen days; ‘that the mine of defendants was worked with a…
2Cases cited26 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Wells v. CoeSupreme Court of Colorado · 1886
21 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Crosman v. Southern Pacific Co.Nevada Supreme Court · 1918