McGowan v. La Plata Mining & Smelting Co.
U.S. Circuit Court for the District of Colorado
—Ruling on Motion for New Trial.) Tort for injuries received in defendant’s service. In May last defendant was engaged in smelting ores at Leadville, and plaintiff was employed to assist at one of its furnaces as “inside helper.” There were several furnaces in the works, the one at which plaintiff served being known as No. 4. This furnace had two taps for drawing off slag, differing in that respect from the others, which had but one.
Read the full summary
—Ruling on Motion for New Trial.) Tort for injuries received in defendant’s service. In May last defendant was engaged in smelting ores at Leadville, and plaintiff was employed to assist at one of its furnaces as “inside helper.” There were several furnaces in the works, the one at which plaintiff served being known as No. 4. This furnace had two taps for drawing off slag, differing in that respect from the others, which had but one. The slag, in a molten condition, was drawn into pots, which were supported between wheels, with a tongue attached, for moving the pot and contents without the…
1Opinion of the Court
Hallett, J.:
That a master is bound to inform his servant of facts within his knowledge affecting the safety of the servant in the service to be performed, when the latter is ignorant of such facts, seems to be conceded.
A lot owner employed a carpenter to build for him, but did not inform the carpenter that his title to the lot was contested. The carpenter, pursuing his labor on the lot without suspicion of danger, was attacked by the parties claiming adversely to the employer, and severely injured. On this the employer was held liable in damages for his omission to notify his servant of the…
2Cases cited2 opinions
- Baxter v. RobertsCalifornia Supreme Court · 1872
- O'Connor v. AdamsMassachusetts Supreme Judicial Court · 1876
3Cited by20 opinions
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Roth v. Northern Pacific Lumbering Co.Oregon Supreme Court · 1889
- Adams v. Grand Rapids Refrigerator Co.Michigan Supreme Court · 1910
- Syverson v. NelsonSupreme Court of Minnesota · 1955
- Fisher v. PrairieSupreme Court of Oklahoma · 1910
15 more not listed; retrieve them via the Exa API.