Harstad v. Stone
District Court, D. Alaska
This is an action for damages for personal injuries alleged to have been sustained by the plaintiff by reason of a fall of gravel and sand from the roof of a drift in the mine of the defendants on Vault creek, in the Fairbanks recording district. The action was tried by the court; the attorneys for the respective parties expressly waiving a jury.
1Opinion of the Court
OVFRFIELD, District Judge.
The evidence in this action is conflicting on pivotal points, around which the court must base its opinion, and by reason of the fact that the court consented to hear the action without the aid of a jury, it is but natural that the evidence and law should be considered in the same order as would have been done with a jury in attendance.
The first point in which the plaintiff and many of the witnesses differ in a marked degree in their testimony is as to the height of the roof of the drift from which the mass of earth and gravel fell, causing plaintiff’s alleged…
2Cases cited4 opinions
- Butler v. FrazeeSupreme Court of the United States · 1908
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
- Puget Sound Electric Ry. v. Van PeltCourt of Appeals for the Ninth Circuit · 1909