Legal Opinion

Smith v. Belshaw

California Supreme Court

Decided June 5, 1891No. 13021PublishedCited by 30 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

— This is an action to recover damages from defendants on account of their negligence in suffering the roof of a drift in a coal mine to remain without support, by reason whereof a portion of said roof fell upon plaintiff, who was a laborer in the mine, and injured him.

A verdict for damages was rendered against M. W. Belshaw and Dickenson, and in favor of defendant Charles Belshaw.

This appeal is prosecuted by M. W. Belshaw from *430the judgment and order denying his motion for a new trial.

Under the law as applied to the facts of this case it plainly appears that no liability rests against the…

2Cases cited3 opinions

  1. Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
  2. Gulzoni v. TylerCalifornia Supreme Court · 1883
  3. Johnson v. OwenSupreme Court of Iowa · 1871

3Cited by30 opinions

  1. Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
  2. Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
  3. Barton v. Studebaker Corp. of AmericaCalifornia Court of Appeal · 1920
  4. West v. Industrial Accident CommissionCalifornia Court of Appeal · 1947
  5. Felsenthal v. WarringCalifornia Court of Appeal · 1919

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API