Legal Opinion

Balaklala Consol. Copper Co. v. Reardon

Court of Appeals for the Ninth Circuit

Decided February 15, 1915No. 2420PublishedCited by 18 opinions

In Error to the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Action by J. E. Reardon, administrator of Frank Whitsett, deceased, against the Balaldala Consolidated Copper Company. Judgment for plaintiff, and defendant brings error. Frank WMtsett, tlie deceased, and his brother, Fred Whitsett, were employed to operate a Burleigh drill in the defendant’s mine.

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In Error to the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Action by J. E. Reardon, administrator of Frank Whitsett, deceased, against the Balaldala Consolidated Copper Company. Judgment for plaintiff, and defendant brings error. Frank WMtsett, tlie deceased, and his brother, Fred Whitsett, were employed to operate a Burleigh drill in the defendant’s mine. The deceased was an experienced miner, and was known as a machine man. His brother was a machine man’s helper, or chuck tender. The drill was operated by…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). [1] Error is assigned to a statement made by counsel for the plaintiff, in the presence of the jury, to the effect that the defendant had indemnity insurance against the accident, and that the insurance company was defending the action through its own counsel. On the examination of one of the talesmen, on his voir dire, by Sir. Cannon, counsel for the plaintiff, the following colloquy was had:

“Mr. Cannon: Q. Have you any connection, either as a stockholder or otherwise, with an indemnity company, or organization for the purpose of insuring people against…

2Cases cited11 opinions

  1. Pennsylvania Co. v. RoySupreme Court of the United States · 1880
  2. Throckmorton v. HoltSupreme Court of the United States · 1901
  3. Turner v. American Security & Trust Co.Supreme Court of the United States · 1909
  4. Green v. Southern Pacific Co.California Supreme Court · 1898
  5. Union Pac. R. v. ThomasCourt of Appeals for the Eighth Circuit · 1907

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. New York Life Ins. Co. v. DoerksenCourt of Appeals for the Tenth Circuit · 1935
  2. Charles L. Longbottom and Nancy Sue Chapman v. Roy Ralph Swaby, a Minor, by His Next Friend, Harold F. EdwardsCourt of Appeals for the Fifth Circuit · 1968
  3. Shirley M. Russell v. New Amsterdam Casualty Company and Consumers Public Power DistrictCourt of Appeals for the Eighth Circuit · 1962
  4. Mansfield Hardwood Lumber Co. v. HortonCourt of Appeals for the Eighth Circuit · 1929
  5. United States v. PowellCourt of Appeals for the Fourth Circuit · 1938

13 more not listed; retrieve them via the Exa API.

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