Legal Opinion

Kielley v. Belcher Silver Min. Co.

U.S. Circuit Court for the District of Nevada

Decided October 13, 1875PublishedCited by 4 opinions

Action [by James T. Kielley] against the owner of a mine for injuries sustained in the mine through the negligence of a fellow-workman in setting off a blast without giving sufficient notice to the plaintiff.

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Action [by James T. Kielley] against the owner of a mine for injuries sustained in the mine through the negligence of a fellow-workman in setting off a blast without giving sufficient notice to the plaintiff. At the close of the plaintiff's testimony, the defendant's counsel moved the court to advise the jury to find a verdict for defendant, upon the ground that the evidence taken as true, and most strongly in favor of the plaintiff, would not justify a verdict in his favor. [The case is now heard upon this motion. A demurrer to the complaint in this case had been previously overruled. Case…

1Opinion of the Court

SAWYER, Circuit Judge.

We have considered as carefully as the time and circumstances will admit, the motion máde by the defense at the close of plaintiff’s testimony to advise the jury to find a verdict for defendant. There are two points necessary to decide on this application. It is first claimed that the accident resulted from the negligence of a co-servant, engaged in the same common employment; and, being the result of the negligence of this co-servant, that the defendant is not liable for his acts. Conceding, then, this accident to have resulted from the negligence of a co-servant in the…

2Cases cited1 opinion

  1. McGlynn v. BrodieCalifornia Supreme Court · 1866

3Cited by4 opinions

  1. McQueen v. Central Branch Union Pacific RailroadSupreme Court of Kansas · 1883
  2. Buckley v. Gould & Curry Silver Mining Co.United States Circuit Court · 1882
  3. Garrahy v. Kansas City, St. J. & C. B. R. Co.United States Circuit Court · 1885
  4. Weeklund v. Southern Oregon Co.Oregon Supreme Court · 1891

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