Carney Coal Co. v. Benedict
Wyoming Supreme Court
Error to the District Court, Sheridan County; Hon. Carroll H. ParmRLRR, Judge. On Rehearing. For former opinion, see 21 Wyo. 163, 129 Pac. 1024. The facts will he found stated in the former opinion reported in 21 Wyo. 163, and in that report of .the case will be found an abstract of the briefs on the original hearing. A servant who understands and appreciates the fact that there is danger is put upon inquiry, and he proceeds thereafter at his peril and assumes the risk.
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Error to the District Court, Sheridan County; Hon. Carroll H. ParmRLRR, Judge. On Rehearing. For former opinion, see 21 Wyo. 163, 129 Pac. 1024. The facts will he found stated in the former opinion reported in 21 Wyo. 163, and in that report of .the case will be found an abstract of the briefs on the original hearing. A servant who understands and appreciates the fact that there is danger is put upon inquiry, and he proceeds thereafter at his peril and assumes the risk. Appreciating some danger he cannot ignore the fact and proceed with his work without assuming the risk. (Dillon v. Nat. Coal…
1Opinion of the Court
Potter, Justice.
This case has been heard in this court a second time, a rehearing having been granted because of doubt as to the correctness of the previous decision to the effect that the failure of the defendant company to properly warn and instruct the plaintiff was not shown to be the proximate cause of his injury, and that the District Court, for that reason, erred in not giving, as requested, a peremptory instruction .to find for the defendant. Because of that error, as it then *366appeared to the court, the judgment in favor o.f the plaintiff was reversed and the cause remanded for further…
2Cases cited26 opinions
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Kellyville Coal Co. v. StrineIllinois Supreme Court · 1905
- Hanley v. California Bridge & Construction Co.California Supreme Court · 1899
- Silveira v. IversenCalifornia Supreme Court · 1900
- Blumenthal v. CraigCourt of Appeals for the Third Circuit · 1897
21 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brittain v. BoothWyoming Supreme Court · 1979
- O'DONNELL v. City of CasperWyoming Supreme Court · 1985
- Chicago & N. W. Ry. Co. v. OttWyoming Supreme Court · 1925
- Boatman v. MilesWyoming Supreme Court · 1921
- McGinnis v. BeattyWyoming Supreme Court · 1921
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