Legal Opinion

Ockey v. Bingham-New Haven Copper & Gold Mining Co.

Utah Supreme Court

Decided January 3, 1916No. 2561Published

Appeal from District Court, Third District; Hon. C. W. Morse, Judge. Action by Ross Ockey against the Bingham-New Haven Copper & Gold Mining Company, a corporation. Judgment for defendant. Plaintiff appeals. STATEMENT OF FACTS.

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Appeal from District Court, Third District; Hon. C. W. Morse, Judge. Action by Ross Ockey against the Bingham-New Haven Copper & Gold Mining Company, a corporation. Judgment for defendant. Plaintiff appeals. STATEMENT OF FACTS. This is an action for personal injuries. ■ It is alleged in the complaint that plaintiff was, on the 2nd day of November, 1911, at work for the defendant, a corporation, in its concentrating mill at Bingham Canyon, Utah; that it was a part of his employment to adjust belts on certain pulleys and to replace the belts thereon when they, by reason of the movements of the…

1Opinion of the CourtMcCARTY, J.

(after stating the facts as above).

1 The mill in which appellant received the injuries complained of was several stories in height. The concentrating tables were on the main floor, and the jigs were located on the floor above. Between the main floor and the jig floor was a platform or subfloor upon which were a pump and an electric motor. A line shaft extended along the subfloor practically the entire length of the building. This line shaft was fastened by bearings to the pillars or upright timbers that supported the sub or jig floor. The concentrating tables were operated by power…

2Cases cited19 opinions

  1. Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
  2. Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
  3. Hickey v. . TaaffeNew York Court of Appeals · 1887
  4. Davidson v. . CornellNew York Court of Appeals · 1892
  5. Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886

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