Legal Opinion
Wright v. Rawson
Supreme Court of Iowa
Decided October 28, 1879PublishedCited by 15 opinions
Appeal from Polk Circuit Court. Action to recover for injuries caused by the negligence of defendant, which resulted in the death of plaintiff’s intestate. A demurrer to the petition was sustained, and judgment rendered thereon for defendant. Plaintiff appeals.
1Opinion of the Court
Beck, Ch. J.
The petition alleges that defendant is the owner of a coal mine, and is engaged in mining coal therein, and that jdaintiff’s intestate was employed as a miner by defendant. The petition then proceeds to set out the cause of action in the following words:
“That defendant and his superintendent knew that it. was the custom of miners in said mine, and had been the custom from the time said mine was opened, when not actively-engaged in work, to visit each other in their respective rooms.
“That with full knowledge of such custom defendant acquiesced in it, and thereby invited and…
2Cases cited1 opinion
- Doggett v. Illinois Central R. R.Supreme Court of Iowa · 1872
3Cited by15 opinions
- Kennedy v. ChaseCalifornia Supreme Court · 1898
- Ellsworth v. MetheneyCourt of Appeals for the Sixth Circuit · 1900
- Columbus & Western Railway Co. v. BradfordSupreme Court of Alabama · 1888
- Hutchinson v. Cleveland-Cliffs Iron Co.Michigan Supreme Court · 1905
- Chattanooga Southern Railroad v. MyersSupreme Court of Georgia · 1900
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