Begenish v. Gates
District Court, D. Alaska
Súit for Personal Injuries. Plaintiff was employed as a laborer in defendants’ mine. At the time of the accident his duty was to look after the bucket hoist loaded with gravel. When it was lowered into the mine and the ropes loosened the sheave lay on its side, and the wire hoist rope would drop off the wheel. When the engine on top-began to hoist, the rope would crowd between the wheel and the side of the sheave, and clog.
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Súit for Personal Injuries. Plaintiff was employed as a laborer in defendants’ mine. At the time of the accident his duty was to look after the bucket hoist loaded with gravel. When it was lowered into the mine and the ropes loosened the sheave lay on its side, and the wire hoist rope would drop off the wheel. When the engine on top-began to hoist, the rope would crowd between the wheel and the side of the sheave, and clog. To prevent this, and to adjust it on the pulley, plaintiff would take hold of the rope when in rapid motion through the sheave, and guide it onto the wheel. He informed…
1Opinion of the Court
WICKERSHAM, District Judge.
To entitle the plaintiff’s cause to go to the jury, he must have established every material part thereof by his evidence, and his evidence and the law must correspondingly show a prima facie legal right to judgment in his favor. Gibson v. Canadian Pac. Nav. Co., 1 Alaska, 407, 414.
*513The Supreme Court of the United States, in the case of Patton v. Texas Ry. Co., 179 U. S. 658, 21 Sup. Ct. 275, 45 L. Ed. 361, lays down the general rule for the guidance of the trial judge in this cláss of cases in the following language:
“That there are times when it is proper for a conrt…
2Cases cited5 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Hough v. Railway Co.Supreme Court of the United States · 1880
- District of Columbia v. McElligottSupreme Court of the United States · 1886
- Hoffman v. American Foundry Co.Washington Supreme Court · 1897
- Gibson v. Canadian Pacific Nav. Co.District Court, D. Alaska · 1902
3Cited by1 opinion
- Bowlby v. DanielsDistrict Court, D. Alaska · 1958