Dayton v. Free
Utah Supreme Court
Appeal from District Court, Fourth District; Hon. A. B. Morgan, Judge. Action by Ernest Dayton against J. S. Free and others. ■ Judgment for plaintiff. Defendants other than the Snake Creek Mining & Tunnel Company appeal. Judgment in favor of such company. Plaintiff appeals.
1Opinion of the CourtStraup, J.
The plaintiff brought this action against the Snake Creek Mining & Tunnel Company, a corporation, Free & Taylor, partners, and six others, Stewart et al., partners, to recover damages sustained by him whilst he, as he alleges, was in the employ of all of them worldng underground in a tunnel, engaged in drilling and blasting. He was injured by the discharge of a “missed hole” at the face of the tunnel, left by a previous and an outgoing shift. The alleged negligence is that the defendants failed and neglected to notify or warn him of the missed hole, by reason of which he was injured while he…
2Cases cited10 opinions
- Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
- Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
- Barg v. BousfieldSupreme Court of Minnesota · 1896
- Kendall v. JohnsonWashington Supreme Court · 1909
- Harmon v. Ferguson Contracting Co.Supreme Court of North Carolina · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- United States v. Delora Huff Page, Individually and as Guardian Ad Litem of Stanley James Pageand Jenny Lynn Page, MinorsCourt of Appeals for the Tenth Circuit · 1965
- Thompson v. JessUtah Supreme Court · 1999
- Texaco, Inc. v. Jimmy N. PruittCourt of Appeals for the Tenth Circuit · 1968
- Christean v. Industrial CommissionUtah Supreme Court · 1948
- Ludlow v. Industrial CommissionUtah Supreme Court · 1925
26 more not listed; retrieve them via the Exa API.