Legal Opinion

Owl Creek Coal Co. v. Goleb

Court of Appeals for the Eighth Circuit

Decided January 5, 1914No. 3937PublishedCited by 13 opinions

In- Error to the District Court of the United States for the District of Wyoming; John A. Riner, Judge. . Action by Peter Goleb against the Owl Creek Coal Company. Judgment for plaintiff, and deféndant brings error. Plaintiff'in error, hereinafter called defendant, is a South Dakota corporation engaged in operating a coal mine at Gebo, in the state of Wyoming.

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In- Error to the District Court of the United States for the District of Wyoming; John A. Riner, Judge. . Action by Peter Goleb against the Owl Creek Coal Company. Judgment for plaintiff, and deféndant brings error. Plaintiff'in error, hereinafter called defendant, is a South Dakota corporation engaged in operating a coal mine at Gebo, in the state of Wyoming. Defendant in error, hereinafter referred to as plaintiff, was an employe of said defendant, and brought suit to recover damages for personal injuries sustained while operating a machine undercutting coal in defendant’s mine. The injury…

1Opinion of the CourtVan Valkenburgh, District Judge

(after stating the facts as above). - [1] With respect to the fourth affirmative defense, that the *214negligence, if any, which occasioned the injury was that of a fellow servant or fellow servants of the plaintiff, the ruling of the trial court is approved. Kirby was the only representative of the defendant corporation upon whom devolved the duties imposed by law upon the njaster. It is further urged that the Wyoming coal mining statute provides that a mining boss or foreman shall be licensed by-the mining department of the state of Wyoming, who in that capacity is charged with certain duties…

2Cases cited19 opinions

  1. Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
  2. United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
  3. St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
  4. Travelers' Ins. Co. v. Great Lakes Engineering Works Co.Court of Appeals for the Sixth Circuit · 1911
  5. Chicago G. W. Ry. Co. v. PriceCourt of Appeals for the Eighth Circuit · 1899

14 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Dunagan v. Appalachian Power Co.Court of Appeals for the Fourth Circuit · 1929
  2. Thomas v. Southern Pacific Co.California Court of Appeal · 1931
  3. Betts v. CrawfordWyoming Supreme Court · 1998
  4. Rogers v. DavisIdaho Supreme Court · 1924
  5. American Car & Foundry Co. v. AllenCourt of Appeals for the Eighth Circuit · 1920

8 more not listed; retrieve them via the Exa API.

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