Portland Gold Min. Co. v. Flaherty
Court of Appeals for the Eighth Circuit
In Rrror to the Circuit Court of the United States for the District of Colorado. ' This action was instituted by Anthony Flaherty, the defendant in error, against the Portland (Join Mining Company, plaintiff in error, to recover damages for injuries alleged to have been sustained by him while engaged in its service.
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In Rrror to the Circuit Court of the United States for the District of Colorado. ' This action was instituted by Anthony Flaherty, the defendant in error, against the Portland (Join Mining Company, plaintiff in error, to recover damages for injuries alleged to have been sustained by him while engaged in its service. The particular charge is that the defendant directed plaintiff to go- up a certain up-raise, called the Four Queens up-raise, rising from the fourth level of its mine, to clear off rock and dirt which had fallen upon the lagging and stulls, at a time when the up-raise, by reason…
1Opinion of the CourtAdams, District Judge
The first assignment of error is that the trial court erred in not directing a verdict in favor of the defendant. Learned counsel for defendant contend that such direction should have been given for two reasons: (i) Because there is no evidence that any negligence on the part of the defendant caused the injury to plaintiff; (2) because plaintiff assumed all risk attending and doing the work required of him.
In support of the first proposition, it is earnestly contended that no evidence is found in the record tending to show either that Harrington was overcome by powder smoke, gas, or foul air,…
2Cited by11 opinions
- United Mine Workers of America v. Coronado Coal Co.Court of Appeals for the Eighth Circuit · 1919
- Balaklala Consol. Copper Co. v. ReardonCourt of Appeals for the Ninth Circuit · 1915
- St. Louis & S. F. R. v. DukeCourt of Appeals for the Eighth Circuit · 1911
- City of Cleveland v. United StatesCourt of Appeals for the Sixth Circuit · 1909
- City of Greeley v. FosterSupreme Court of Colorado · 1904
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