United Verde Copper Co. v. Kuchan
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Distrcit of Arizona; Wm. H. Sawtelle, Judge. Action by Nick Kucban against the United Verde Copper Company. Judgment for plaintiff, and defendant brings error. This is an action for damages Cor personal injuries received by the defendant in error while employed by the plaintiff in error in its mine in Yavapai county, Ariz.
Read the full summary
In Error to the District Court of the United States for the Distrcit of Arizona; Wm. H. Sawtelle, Judge. Action by Nick Kucban against the United Verde Copper Company. Judgment for plaintiff, and defendant brings error. This is an action for damages Cor personal injuries received by the defendant in error while employed by the plaintiff in error in its mine in Yavapai county, Ariz. At the time of the injury the defendant in error was employed upon the 700-foot level of the company’s mine, where another servant of the plaintiff in error was engaged in blasting and discharging explosives. While…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). It is assigned as error that the court gave the jury the following instruction:
“You are instructed that the law requires a mining company, such as the defendant, before firing charges of explosives, to give warning in every direction from which access may be hadi to the place where blasting is going on. This is a duty imposed upon mining companies, and the failure to give warning as required by statute. constitutes negligence on the part of the defendant; and if you find from the evidence that warning of the intention to fire the charges of explosives which…
2Cases cited5 opinions
- Ruggles v. RandallSupreme Court of Connecticut · 1897
- Belleville Stone Co. v. MooneySupreme Court of New Jersey · 1897
- Hendrickson v. United States Gypsum Co.Supreme Court of Iowa · 1907
- Hjelm v. Western Granite Contracting Co.Supreme Court of Minnesota · 1905
- Jacobson v. Hobart Iron Co.Supreme Court of Minnesota · 1908