Knaresborough v. Belcher Silver Min. Co.
U.S. Circuit Court for the District of Nevada
The plaintiff [J. P. Knaresborough] sues for injuries received while in defendant’s employment. The injuries were caused by a defective floor or platform upon which he was at work, and it is alleged in the complaint that the defendant provided this insecure and defective platform negligently. There is no allegation in’the complaint that the plaintiff did not know, or that the defendant did know, that the floor was defective and insecure.
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The plaintiff [J. P. Knaresborough] sues for injuries received while in defendant’s employment. The injuries were caused by a defective floor or platform upon which he was at work, and it is alleged in the complaint that the defendant provided this insecure and defective platform negligently. There is no allegation in’the complaint that the plaintiff did not know, or that the defendant did know, that the floor was defective and insecure. To this complaint a demurrer is filed for two causes: First. For the want of an allegation of knowledge on the part of defendant, and a want of it on…
1Opinion of the Court
BY THE COURT
(HILLYER. District Judge). That the plaintiff is not, in making out his case, required to show a want of concurring negligence on his part, is settled by the supreme court in Railroad Co. v. Gladmon, 15 Wall. [82 U. S.] 401. The court there say: “The plaintiff may establish the negligence of the defendant, his own injury in consequence thereof, and his case is made out. If there are circumstances which convict him of concurring negligence, the defendant must prove them, and thus defeat the action. Irrespective of statute law, the burden of proof on that point does not rest *746upon…
2Cases cited3 opinions
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Byron v. New York State Printing Telegraph Co.New York Supreme Court · 1857
3Cited by6 opinions
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Hoffman v. DickinsonWest Virginia Supreme Court · 1888
- Watkinds v. Southern Pac. R. Co.District Court, D. Oregon · 1889
- Texas & St. Louis Railway v. OrrSupreme Court of Arkansas · 1885
- Conroy v. Oregon Construction Co.United States Circuit Court · 1885
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