Zelavin v. Tonopah Belmont Development Co.
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; ColeL. Harwood and A. N. Salisbury, Judges. Action by Peter Zelavin against the Tonopah Belmont Development Company for personal injuries. From a judgment for plaintiff, defendant appeals. It is clearly a case in which the plaintiff was working in a place where his work changed the character of the place; it was clearly his duty to make the place safe for himself. (White, Personal Inj., sec. 41; Finlaysonv.
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Appeal from Second Judicial District Court, Washoe County; ColeL. Harwood and A. N. Salisbury, Judges. Action by Peter Zelavin against the Tonopah Belmont Development Company for personal injuries. From a judgment for plaintiff, defendant appeals. It is clearly a case in which the plaintiff was working in a place where his work changed the character of the place; it was clearly his duty to make the place safe for himself. (White, Personal Inj., sec. 41; Finlaysonv. Mining Co., 67 Fed. 507; Cons. Coal Co. v. Clay, 38 N. E. 610, 25 L. R. A. 848-56; Broione v. King, 100 Fed. 561-71; Anderson v.…
1Opinion of the Court
*6By the Court,
Coleman, J.:
On July 21, 1913, the defendant, being desirous of enlarging a station on the 1300-foot level of its mine at Tonopah, sent the plaintiff, an experienced machine man, to the place, with instructions to do certain work. He drilled all of that day, and just before going off shift fired the holes. The next day he was set to work 25 or 30 feet from where he had worked on the 21st, and after drilling one hole and about a couple of inches of another a rock slid down and injured him. He was taken to the surface, where he received "first-aid treatment” from a doctor who, he…
Also in this document: Per curiam.
2Cases cited31 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Jones v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1888
- Callan v. BullCalifornia Supreme Court · 1896
- Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
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