Crawford v. Western Clay & Gypsum Products Co.
New Mexico Supreme Court
Appeal from District Court, Lincoln County; Medler, •Judge. Action by Julia S. Crawford, administratrix of John W. Crawford, deceased, against the Western Clay & Gypsum Products Company. From a judgment for plaintiff, defendant appeals. The court erred in refusing to instruct the jury for appellant. The deceased knew and comprehended the danger. Peed v. Stockmeyer, 74 Fed. 186; Cole v. Chicago N. W. Ey. Co., 71 Wis. 114, 5 Am. St. E. SOI.
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Appeal from District Court, Lincoln County; Medler, •Judge. Action by Julia S. Crawford, administratrix of John W. Crawford, deceased, against the Western Clay & Gypsum Products Company. From a judgment for plaintiff, defendant appeals. The court erred in refusing to instruct the jury for appellant. The deceased knew and comprehended the danger. Peed v. Stockmeyer, 74 Fed. 186; Cole v. Chicago N. W. Ey. Co., 71 Wis. 114, 5 Am. St. E. SOI. The court erred in giving the sixth requested instruction. The servant is not bound to comply with the orders of the superior and undertake work which he…
1Opinion of the Court
OPINION OF THE COURT.
EAEKEE, J.
— This is an action brought in the trial' court by the widow of John W. Crawford, deceased, as administratrix of his estate. John W. Crawford came to his death in the cement and plaster mill operated by appellant. Pie had been engaged in the employment of the-appellant as a calciner for about six years. On the last day of May, 1911, the deceased was directed by the superintendent of the cement mill to assist in replacing a belt which had become meshed in the lower friction pullejg a part of the machinery in the plant of appellant, which operated the hot pit…
2Cases cited5 opinions
- Brown v. West Riverside Coal Co.Supreme Court of Iowa · 1909
- Engelking v. City of SpokaneWashington Supreme Court · 1910
- Blunck v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Morgan v. Rainier Beach Lumber Co.Washington Supreme Court · 1909
- Lintott v. Nashua Iron & Steel Co.Supreme Court of New Hampshire · 1899
3Cited by8 opinions
- Padilla v. WinsorNew Mexico Supreme Court · 1960
- Thompson v. DaleNew Mexico Supreme Court · 1955
- New Mexico-Colorado Coal & Mining Co. v. BakerNew Mexico Supreme Court · 1916
- Maestas v. Alameda Cattle Co.New Mexico Supreme Court · 1932
- Singer v. SwartzNew Mexico Supreme Court · 1916
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