Poorman Silver Mines of Colorado, Ltd. v. Devling
Supreme Court of Colorado
Appeal from the District Court of Boulder County: Hon. Christian A. Bennett, Judge. Action for damages for personal injuries on the ground of negligence. From a judgment for plaintiff, defendant appeals. The injury was caused by the explosion of a “missed hole,” while plaintiff was sinking a winze in defendant’s mine.
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Appeal from the District Court of Boulder County: Hon. Christian A. Bennett, Judge. Action for damages for personal injuries on the ground of negligence. From a judgment for plaintiff, defendant appeals. The injury was caused by the explosion of a “missed hole,” while plaintiff was sinking a winze in defendant’s mine. The specific acts of negligence charged in the complaint against the defendant are: (1) That it was guilty of negligence in not furnishing the plaintiff a safe place in which to work; (2) that defendant, through its vice principal, failed to exercise ordinary care to search for…
1Opinion of the CourtJustice Campbell
1. The doctrine of safe place is foreign to this case. Where, as here, the place of work is not permanent, or has not been previously prepared by the master as a place for the doing of the work, or where the servant is employed to make his own place to work in, and the place is the result of the very work for which the servant is employed, or where the place is inherently dangerous and necessarily changes from time to time as the work progresses, the doctrine contended for has no application. — City of Greeley v. Foster, 32 Colo. 292.
The instructions given by the court upon this branch of the…
2Cases cited13 opinions
- Thompson v. MissouriSupreme Court of the United States · 1898
- City of Greeley v. FosterSupreme Court of Colorado · 1904
- McQueeny v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903
- Haas v. BalchCourt of Appeals for the Eighth Circuit · 1893
- Anderson v. Daly Mining Co.Utah Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Metallic Gold Mining Co. v. WatsonSupreme Court of Colorado · 1911
- Inland Steel Co. v. KiesslingIndiana Supreme Court · 1915
- Lindquist v. Pacific Coast Coal Co.Washington Supreme Court · 1914
- Rio Grande Southern Railroad v. NicholsSupreme Court of Colorado · 1912
- Creede United Mines Co. v. HawmanColorado Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.