Federal Mining & Smelting Co. v. Hodge
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Action at law by C. H, Hodge against the Federal Mining & Smelting Company. Judgment for plaintiff, and defendant brings error. The defendant in error was the plaintiff in an action against the plaintiff in error to recover damages for injuries sustained while in the employment of the latter.
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In Error to the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Action at law by C. H, Hodge against the Federal Mining & Smelting Company. Judgment for plaintiff, and defendant brings error. The defendant in error was the plaintiff in an action against the plaintiff in error to recover damages for injuries sustained while in the employment of the latter. The parties will be designated plaintiff and defendant, as they were in the court below. The plaintiff when injured was riding upon the bail and cable of a small skip operated…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above).
[1] It is contended that the trial court erred in admitting evidence of the custom of the miners to ride six at a time on the skip, one of them sitting on the bail and cable. The contention relates to evidence which was admitted on the examination'of one of the plaintiff’s witnesses. On cross-examination he had testified that six men would ride on the skip, one of them upon the bail. On redirect examination he testified that the men had been riding six at a time ever since the skip had been installed. He was then asked:
“Q. Was there any rule there as to how…
2Cases cited7 opinions
- Walker v. SauvinetSupreme Court of the United States · 1876
- Mercantile Trust Co. v. HenseySupreme Court of the United States · 1907
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Robinson & Co. v. BeltSupreme Court of the United States · 1902
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930
- Highway Trailer Co. v. City of Des MoinesCourt of Appeals for the Eighth Circuit · 1924
- Weinstein v. LaughlinCourt of Appeals for the Eighth Circuit · 1927
- American Trading Co. v. North Alaska Salmon Co.Court of Appeals for the Ninth Circuit · 1918
- Elbukan Oil Co. v. LambCourt of Appeals for the Eighth Circuit · 1926