Blazenic v. Iowa & Wisconsin Coal Co.
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. M. A. Roberts, Judge. The plaintiff was an employe in the defendant company’s mine, engaged in mining coal. While working in the mine in August 1895, he was injured by slate falling from the roof of the mine, and this action is to recover damages sustained by the injury.
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Appeal from Monroe District Court. — Hon. M. A. Roberts, Judge. The plaintiff was an employe in the defendant company’s mine, engaged in mining coal. While working in the mine in August 1895, he was injured by slate falling from the roof of the mine, and this action is to recover damages sustained by the injury. The petition charges that while plaintiff was wheeling coal through what is known as “Second West Entry” there was a .fall of slate from the roof of the entry, by which he was injured. It is charged that the injury was in consequence of defendant’s negligence in failing to properly…
1Opinion of the CourtGranger, J.
1 I. In the statement of facts it appears that the negligence as charged consisted in failing to properly support the roof of the entry with timbers or otherwise, there being no support of any kind. The petition contained the further averment that defendant had knowledge of the dangerous condition of the roof. The court, in its instructions, permitted the fact of negligence to be found if the roof was actually in a dangerous condition, and the defendant knew it, or by the exercise of ordinary care would have known it. It is urged that the instructions are erroneous because of the statement,…
2Cases cited3 opinions
- Fink v. Des Moines Ice Co.Supreme Court of Iowa · 1892
- Corson v. Coal Hill Coal Co.Supreme Court of Iowa · 1897
- Haworth v. Seevers Manufacturing Co.Supreme Court of Iowa · 1892
3Cited by9 opinions
- Heald v. WallaceTennessee Supreme Court · 1902
- Poli v. Numa Block Coal Co.Supreme Court of Iowa · 1910
- Cushman v. Carbondale Fuel Co.Supreme Court of Iowa · 1902
- Eller v. LoomisSupreme Court of Iowa · 1898
- Mosgrove v. Zimbleman Coal Co.Supreme Court of Iowa · 1899
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