Roccia v. Black Diamond Coal Min. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern Division of the District of Washington.
1Opinion of the Court
GILBERT, Circuit Judge,
with whom concurred MORROW, Circuit Judge. The court below, in charging the jury on the subject of the dangers and defects in the mine, and the assumption of risk by the workmen therein, remarked: “The dangers and the defects must be so obvious and threatening that a reasonably prudent man would have avoided them, in order to charge the workman with contributory negligence or the assumption of the risk.” But it is contended that, *452while this instruction correctly states the law applicable to the general subject of the assumption of risk by the workman, it was not given…
2Cases cited9 opinions
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- District of Columbia v. McElligottSupreme Court of the United States · 1886
- Toomey v. Eureka Iron & Steer WorksMichigan Supreme Court · 1891
- Showalter v. Fairbanks, Morse & Co.Wisconsin Supreme Court · 1894
- Kean v. Detroit Copper & Brass Rolling MillsMichigan Supreme Court · 1887
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3Cited by6 opinions
- Crookston Lumber Co. v. BoutinCourt of Appeals for the Eighth Circuit · 1906
- McKenzie v. North Coast Colliery Co.Washington Supreme Court · 1909
- Crosby v. Cuba R. Co.U.S. Circuit Court for the District of New Jersey · 1908
- Horton v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1915
- New Hughes Jellico Coal Co. v. GrayCourt of Appeals of Kentucky · 1917
1 more not listed; retrieve them via the Exa API.