Cunningham v. Union Pacific Railway Co.
Utah Supreme Court
U. S. v. Musser, ante p. 153, followed. Appeal from a judgment of tlie district court of tlie third district and from an order refusing a new trial. The opinion states tlie facts. Tlie plaintiff was guilty of contributing negligence: Bail-road Company v. Jones, 95 U. S. 441, and cases there cited; Wilds v. Hud.
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U. S. v. Musser, ante p. 153, followed. Appeal from a judgment of tlie district court of tlie third district and from an order refusing a new trial. The opinion states tlie facts. Tlie plaintiff was guilty of contributing negligence: Bail-road Company v. Jones, 95 U. S. 441, and cases there cited; Wilds v. Hud. B. B. Co., 24 N. Y. 430; 2 Thompson on Neg. 1104, et. seep; Wharton Neg. sections 244 and 300, etseq.; Pittsburg, etc., B. B. Co. v. Sentmyer, 5 Am. and E. E. Cases, 508 and note; Chicago, etc., B. Co. v. Bush, 84 Ill. 570. The alleged injuries resulted from the risks incident to the…
1Opinion of the Court
POWERS, J.:
The defendant and appellant is the owner of a coal mine in Summit county, known as the Grass Creek coal mine, which it was working in February, 1882. On that date the plaintiff was in the defendant’s employ as a coal miner, and in order for him to get to his work he was compelled to pass through a drift or gangway. The plaintiff claims that this drift or gangway was carelessly constructed by the defendant, and that the defendant had negligently failed to secure the sides, roof and pillars by timber or otherwise and that it was unsafe, which fact was known to defendant. The…
2Cases cited25 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Mullen v. . St. JohnNew York Court of Appeals · 1874
20 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Rogers v. LeydenIndiana Supreme Court · 1891
- Baldwin v. WingfieldSupreme Court of Arkansas · 1935
- Williams v. Sleepy Hollow Mining Co.Supreme Court of Colorado · 1906
- Angerman Co., Inc. v. Edgemon Et Ux.Utah Supreme Court · 1930
- Humphries v. KendallSupreme Court of Arkansas · 1937
21 more not listed; retrieve them via the Exa API.