Legal Opinion

Wooton v. Dragon Consol. Mining Co.

Utah Supreme Court

Decided May 16, 1919No. 3284PublishedCited by 9 opinions

Appeal from District Court, Fifth District, Juab County; D. E. Morris, Judge. Action brought by A. Wooton, plaintiff, against the Dragon Consolidated Mining Company, a corporation, defendant, to recover damages for personal injuries. Verdict for plaintiff. Defendant appeals. APPELLANT’S POINTS.

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Appeal from District Court, Fifth District, Juab County; D. E. Morris, Judge. Action brought by A. Wooton, plaintiff, against the Dragon Consolidated Mining Company, a corporation, defendant, to recover damages for personal injuries. Verdict for plaintiff. Defendant appeals. APPELLANT’S POINTS. Actions of this character are based upon the existence of a status; unless the relation of master and servant existed between plaintiff and defendant on August 3, 1916, plaintiff has no claim for damages against defendant. The burden of proving the existence of that status on August 3rd is upon…

1Opinion of the Court

BRAMEL, District' Judge

(after stating the facts as above).

*464At the trial defendant, at the close of plaintiff’s evidence, made a motion for a nonsuit. At the close of all the evidence defendant made motion for a directed verdict of no cause of action. In each of these motions, and in a motion for a new trial, defendant raises the points, among others, that no evidence was given of negligence on the part of the employer, and that the evidence shows that plaintiff assumed the risk.

It is argued that the rock came from the raise; that the raise had been inspected at six o’clock; that the accident…

2Cases cited22 opinions

  1. Messenger v. AndersonSupreme Court of the United States · 1912
  2. Railroad Company v. HanningSupreme Court of the United States · 1873
  3. United States v. Denver & Rio Grande RailroadSupreme Court of the United States · 1903
  4. Altoona Quicksilver Mining Co. v. Integral Quicksilver Mining Co.California Supreme Court · 1896
  5. Linnehan v. RollinsMassachusetts Supreme Judicial Court · 1884

17 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Chatelain v. ThackerayUtah Supreme Court · 1940
  2. Christean v. Industrial CommissionUtah Supreme Court · 1948
  3. Ludlow v. Industrial CommissionUtah Supreme Court · 1925
  4. Stricker v. Industrial CommissionUtah Supreme Court · 1920
  5. Barlow v. Salt Lake & U. R.Utah Supreme Court · 1920

4 more not listed; retrieve them via the Exa API.

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