Finalyson v. Utica Mining & Milling Co.
Court of Appeals for the Eighth Circuit
In Error to tlie Circuit Court of the United States for the District of Colorado. This was an action by Mary Finalyson against the Utica Mining & Milling Company to recover damages for causing the death of plaintiff’s husband. The circuit court directed a verdict for the defendant. Plaintiff brings error.
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In Error to tlie Circuit Court of the United States for the District of Colorado. This was an action by Mary Finalyson against the Utica Mining & Milling Company to recover damages for causing the death of plaintiff’s husband. The circuit court directed a verdict for the defendant. Plaintiff brings error. On March 28, 1893, Daniel Finalyson, who was in the employment of the Utica Mining & Milling Company, a corporation, the defendant in error in this case, was so injured by the fall of a mass of sticky mud and other material weighing about 1,200 pounds, which composed a portion of a vein in…
1Opinion of the CourtSanborn, Circuit Judge
In granting the motion of the mining company to direct a verdict in its favor, Judge Hallett, who tried this case in the court below, declared that it was immaterial in his opinion whether the foreman was or was not a vice principal of the company, and that if he had been its president there would have been no evidence of negligence in *510this case that would warrant a verdict against the company. We have been forced to the conclusion that this ruling was right on two .grounds: (1) Because the ordinary rule of “safe place” cannot be justly applied to this case; and (2) because there is no…
2Cases cited6 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Armour v. HahnSupreme Court of the United States · 1884
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Chicago, St. P., M. & O. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1893
- City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Holland v. Durham Coal & Coke Co.Supreme Court of Georgia · 1908
- Little Rock & M. R. v. BarryCourt of Appeals for the Eighth Circuit · 1898
41 more not listed; retrieve them via the Exa API.