Downey v. Gemini Mining Co.
Utah Supreme Court
Appeal from the Eifth District Court, Juab County. — Hon. T. Marioneaux, Judge. Action to recover for alleged personal injuries received by the plaintiff while working in the defendant’s mine. Erom a judgment in favor of the plaintiff, the defendant appealed.
1Opinion of the Court
MINER, 0. J.
The plaintiff was an experienced miner in the employ of the defendant company in July, 1900, and gave testimony tending to show that at the time in question he was working on the 1,550-foot level. The only way for him to reach and return from the place of his employment was by climbing and descending a seven-foot ladder, the foot of which rested upon planks placed upon timbers, and the top thereof resting against the side of the wall. At the time of the injury complained of the plaintiff ascended this ladder as usual at one o’clock p. m. At this time the planks' or platform at the…
2Cases cited3 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Buckley v. SilverbergCalifornia Supreme Court · 1896
- Jungnitsch v. Michigan Malleable Iron Co.Michigan Supreme Court · 1895
3Cited by3 opinions
- Okmulgee Gas Co. v. KellySupreme Court of Oklahoma · 1924
- Colorado Springs & Interurban Railway Co. v. AllenSupreme Court of Colorado · 1913
- Dunn v. Oregon Short Line RailroadUtah Supreme Court · 1905