Legal Opinion

Western Coal & Mining Co. v. Ingraham

Court of Appeals for the Eighth Circuit

Decided September 16, 1895No. 555PublishedCited by 17 opinions

In Error to the Circuit Court of the United States for the Western District of Arkansas. The plaintiff 'in error, the Western Coal & Mining Company, owned and operated a coal mine, and employed the defendant in error, Marcena Ingra-ham, to work therein.

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In Error to the Circuit Court of the United States for the Western District of Arkansas. The plaintiff 'in error, the Western Coal & Mining Company, owned and operated a coal mine, and employed the defendant in error, Marcena Ingra-ham, to work therein. From: the evidence in the record the jury might infer these facts: That the mine had been worked and many rooms therein driven up long prior to the employment of the plaintiff; that the roof of tlip mine had been timbered or propped by other miners months before the plaintiff went to work in the mine; that the plaintiff was set to work by the…

1Opinion of the CourtCaldwell, Circuit Judge

The duty which one operating a coal mine owes to his employés is not a new question in this court. In the case of Railway Co. v. Jarvi, 10 U. S. App. 444, 3 C. C. A. 433, and 53 Fed. 65, a miner was injured by the fall of a rock from the roof of the mine, and, in affirming the judgment he had recovered for the injuries he received, this court, in defining the duty of a mining company to its employés, said:

“It is the duty of the employer to exercise ordinary care to provide a reasonably safe place in which his employs may perform his service. It is his duty to use diligence to keep this place…

2Cases cited17 opinions

  1. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  2. Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
  3. Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
  4. Mather v. RillstonSupreme Court of the United States · 1895
  5. Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892

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

3Cited by17 opinions

  1. City of Denver v. PorterCourt of Appeals for the Eighth Circuit · 1903
  2. Western Coal & Mining Co. v. BerberichCourt of Appeals for the Eighth Circuit · 1899
  3. Rock Island Coal Mining Co. v. DavisSupreme Court of Oklahoma · 1914
  4. Mountain Copper Co. v. Van BurenCourt of Appeals for the Ninth Circuit · 1904
  5. Bunker Hill & Sullivan Mining & Concentrating Co. v. JonesCourt of Appeals for the Ninth Circuit · 1904

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

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