Johnson v. Utah Consolidated Mining Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. M. L. 'Ritchie, Judge. Action by Neis Johnson against tbe Utah Consolidated Mining Company. Judgment- for defendant. Plaintiff appeals. STATEMENT OF FACTS. Plaintiff brought this action to recover damages for personal injuries alleged to have been sustained by him on May 28, 1909, while employed as a miner in defendant’s mine in Bingham Canyon, TJtah.
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Appeal from District Court, Third District; Hon. M. L. 'Ritchie, Judge. Action by Neis Johnson against tbe Utah Consolidated Mining Company. Judgment- for defendant. Plaintiff appeals. STATEMENT OF FACTS. Plaintiff brought this action to recover damages for personal injuries alleged to have been sustained by him on May 28, 1909, while employed as a miner in defendant’s mine in Bingham Canyon, TJtah. The complaint, in substance, alleges that defendant, a corporation, owns and operates the Highland Boy Mine in Bing-ham Canyon, Utah; that on the day of the injury plaintiff was employed in the…
1Opinion of the CourtMcCARTY, J.
(after stating the facts as above).
The important and contested questions of fact that were submitted to the jury were: (1) Did appellant on the evening of the accident notify respondent’s shift boss of the extra risks to which he claimed he was exposed because of the dangerous condition of the roof or top of the stope at the point where he was at work when injured, and did the shift boss, in pursuance of such notice', promise appellant that he would have timbers installed in the stope on the sills referred to in the foregoing statement of facts ? (2) Did the ore and material that caused the…
2Cases cited10 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Foster v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1905
- Rothenberger v. Northwestern Consolidated Milling Co.Supreme Court of Minnesota · 1894
- Yerkes v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1901
- Pieart v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
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3Cited by2 opinions
- National Bk. of San Mateo v. WhitneyCalifornia Court of Appeal · 1919
- White v. Utah Condensed Milk Co.Utah Supreme Court · 1917