Legal Opinion · Concurrence

Thompson v. Industrial Commission

Utah Supreme Court

Decided July 23, 1940No. 6221Published

1Concurrence

WOLFE, Justice.

I concur with reluctance but I see no escape from the court’s decision. If it were not for the title to Chap. 72, Laws of Utah 1896, the language of the body of the act could be construed harmoniously to reach a result socially desirable. Not only is it desirable to protect miners working in underground mines but it is equally desirable to protect others working in underground workings not connected with mines. It is not only desirable to protect all who so work but socially inequitable to protect some but not all. Two parallel tunnels are being bored through the same mountain,…

2Cases cited4 opinions

  1. Lacey v. PalmerSupreme Court of Virginia · 1896
  2. Comer v. StateSupreme Court of Georgia · 1897
  3. Allen v. Commissioners of TaxationSupreme Court of New Jersey · 1894
  4. Van Cott v. State Tax CommissionUtah Supreme Court · 1939

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