Macky v. Bingham New Haven Copper & Gold Mining Co.
Utah Supreme Court
Appeal frpm the District Court of Salt Lake County, Third District; Hon. Wm. H. Bramel, Judge. Action by Mike Macky against the Bingham New Haven Copper & Gold Mining Company. Judgment of dismissal. Plaintiff appeals. appellant’s points.
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Appeal frpm the District Court of Salt Lake County, Third District; Hon. Wm. H. Bramel, Judge. Action by Mike Macky against the Bingham New Haven Copper & Gold Mining Company. Judgment of dismissal. Plaintiff appeals. appellant’s points. The true rule is that when there are special risks that are not obvious or patent, and of which the servant is not cogni-' zant, it is the duty of the master to notify him of such risks, and this applies to experienced as well as inexperienced servants. Powers v. Caleasiew Sugar Company, 48 La. Ann. 483, 19 Southern 455. The trial court committed error in…
1Opinion of the CourtFrick, J.
The plaintiff brought this action to recover damages for personal injuries which he alleged he suffered through the negligence of the defendant. The 1 plaintiff, at the time of the accident, was employed by the defendant in its mine in Salt Lake county. He was an experienced and competent miner and timberman, and was employed as such by the defendant. The acts of negligence alleged in the complaint are that the defendant maintained a certain stope on what is designated the third level in its mine, known as stope seventy-four; that the defendant had constructed and was maintaining a certain…
2Cases cited15 opinions
- Atlas Engine Works v. RandallIndiana Supreme Court · 1885
- Crown Cotton Mills v. McNallySupreme Court of Georgia · 1905
- Bradburn v. Wabash RailroadMichigan Supreme Court · 1903
- Iroquois Furnace Co. v. McCreaIllinois Supreme Court · 1901
- King v. MorganCourt of Appeals for the Eighth Circuit · 1901
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3Cited by2 opinions
- Industrial Commission of Utah v. Wasatch Grading Co.Utah Supreme Court · 1932
- Woodward v. Spring Canyon Coal Co.Utah Supreme Court · 1936