Inspiration Consolidated Copper Co. v. Mendez
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the county of Gila. G. W. Shute, Judge. STATEMENT OF FACTS BY THE COURT. The appellee commenced this action to recover damages for alleged injuries received by him on June 28, 1914, while occupied in the performance of his underground duties in the course of his employment by the appellant in appellant’s mines.
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APPEAL from a judgment of the Superior Court of the county of Gila. G. W. Shute, Judge. STATEMENT OF FACTS BY THE COURT. The appellee commenced this action to recover damages for alleged injuries received by him on June 28, 1914, while occupied in the performance of his underground duties in the course of his employment by the appellant in appellant’s mines. The injury suffered was inflicted at the time he opened a valve to admit compressed fresh air into a compartment of the mine to the end that the working be cleared of foul air, permitting the workmen there to proceed with their mining.…
1Opinion of the CourtCunningham, J.
(After Stating the Facts as Above).— The appellee moves the dismissal of this appeal upon the grounds that the appellant failed to take an appeal before filing an appeal bond.
The judgment in this case was ordered entered on the twenty-ninth day of March, 1915. The motion for a new trial was denied April 12, 1915. The appeal bond including a provision for superseding the execution of the judgment was filed on August 30, 1915. On September 27, 1915, the appellant gave its notice of appeal from the said order refusing a new trial and from said judgment. The appellee contends that because the…
2Cases cited32 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Second Employers'liability CasesSupreme Court of the United States · 1912
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