Superior & Pittsburg Copper Co. v. Tomich
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the county of Cochise. Alfred C. Lockwood, Judge. STATEMENT OP PACTS BY THE COURT. The appellee was employed by the appellant in the underground workings of its mines in Cochise county. The appellee’s duties required him to load, push on a track, and unload ore ears. The place for the performance of such duties was on the 900-foot level of the mine.
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APPEAL from a judgment of the Superior Court of the county of Cochise. Alfred C. Lockwood, Judge. STATEMENT OP PACTS BY THE COURT. The appellee was employed by the appellant in the underground workings of its mines in Cochise county. The appellee’s duties required him to load, push on a track, and unload ore ears. The place for the performance of such duties was on the 900-foot level of the mine. The track was laid through a drift from the point of loading the cars to a point of unloading the ores into a chute. The appellee was an experienced car man¿ accustomed to such work in other mines.…
1Opinion of the CourtCunningham, J.
(After Stating the Facts as Above).— The appellant assigns as error the overruling of its demurrers to the complaint for the reason both chapter 6, title 14, of the Revised Statutes of Arizona of 1913, Civil Code, upon which the action is based, and the constitutional mandate, section 7 of article 18 of the state Constitution, in obedience to which said chapter 6 was enacted, violate section 1 of the Fourteenth Amendment to the Constitution of the United States, in that the employers’ liability law, said chapter 6, title 14, attempts to deprive the defendant of its property without due…
2Cases cited2 opinions
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Inspiration Consolidated Copper Co. v. MendezArizona Supreme Court · 1917
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- United States v. Phyllis RichardsonCourt of Appeals for the Eleventh Circuit · 2000
- Consolidated Arizona Smelting Co. v. EgichArizona Supreme Court · 1920
- Spitzer v. Haims & Co.Supreme Court of Connecticut · 1991
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