Legal Opinion

Burton v. Union Pacific Coal Co.

Wyoming Supreme Court

Decided March 5, 1910No. 617PublishedCited by 8 opinions

ON reserved questions from the District Court, Laramie 'County; HoN. Roderick N. Matson, Judge. The material facts are stated in the opinion.

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ON reserved questions from the District Court, Laramie 'County; HoN. Roderick N. Matson, Judge. The material facts are stated in the opinion. The territorial law of 1886, relating to the operation of coal mines, and which gave a right of action for the nonobservance of the prescribed regulations in language almost identical with Section 2582, Revised Statutes, 1899, repealed pro tanto, Sections 3448 and 3449 of said Revised Statutes, so far as the provisions of the later act were repugnant to those of the earlier statute. We therefore contend that there was no statute in force at the time of…

1Opinion of the Court

Potter, Chief Justice.

This cause is here upon reserved questions, involving the construction and application of certain provisions of the State Constitution relating to an action for the death of a perspn caused by the wrongful act, neglect or default of another. The suit is brought by Emma Burton, as adminis-*378tratrix of the estate of Joseph Burton, deceased, against the Union Pacific Coal Company. There are two causes of action stated in the petition, the second not being here material. The first cause of action alleges that the death of Joseph Burton, plaintiff’s intestate, was caused by…

2Cases cited4 opinions

  1. St. George v. . HardieSupreme Court of North Carolina · 1908
  2. Maule Coal Co. v. PartenheimerIndiana Supreme Court · 1899
  3. Koppala v. StateWyoming Supreme Court · 1907
  4. Mestas V. Diamond Coal & Coke Co.Wyoming Supreme Court · 1904

3Cited by8 opinions

  1. Nimmo v. StateWyoming Supreme Court · 1979
  2. Wyoming Community College Commission v. Casper Community College DistrictWyoming Supreme Court · 2001
  3. Huber v. ThomasWyoming Supreme Court · 1933
  4. Gale v. School Distrcit No. 4Wyoming Supreme Court · 1936
  5. Kerry and Clara Powers, on behalf of themselves and the citizens of Wyoming and Cindy Hill, on behalf of herself and as the Superintendent of Public Instruction v. State of Wyoming and Matthew H. Mead, Governor, in his official capacityWyoming Supreme Court · 2014

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