Kangas v. National Copper Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action for damages. Judgment was for plaintiffs and a new, trial was denied. Where damages were occasioned by one of two causes, for one of which defendant is responsible, and for one of which the defendant is not responsible, the plaintiff must, before a recovery can be had, trace the damages to the cause for which the defendant is responsible.
Read the full summary
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action for damages. Judgment was for plaintiffs and a new, trial was denied. Where damages were occasioned by one of two causes, for one of which defendant is responsible, and for one of which the defendant is not responsible, the plaintiff must, before a recovery can be had, trace the damages to the cause for which the defendant is responsible. (Antler v. Cox, 27 Ida. 517, 149 Pac. 731; Ewing v. Goode, 78 Fed. 442; Spring Valley Coal Co. v. Patting, 86 Fed. 433, 30 C. C. A. 168.)…
1Opinion of the CourtMorgan, C. J.
Charles Nangas was killed by falling rock while employed by appellant as a laborer in its mine. This action was prosecuted by and on behalf of his widow and children on the theory that his death was caused by his employer’s negligence in that it, in violation of its duty to furnish him a safe place to work, carelessly and negligently put him to mucking and breaking rock in a large stope wherein it had failed and neglected to construct or maintain timbering, cribbing or any other means or device to prevent rock add ledge matter from breaking loose and falling; that the composition of the rock…
2Cases cited11 opinions
- Devine v. DelanoIllinois Supreme Court · 1916
- Williams v. Sleepy Hollow Mining Co.Supreme Court of Colorado · 1906
- Baxter v. RobertsCalifornia Supreme Court · 1872
- Duffey v. Consolidated Block Coal Co.Supreme Court of Iowa · 1910
- Brayman v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Haverland v. Potlatch Lumber Co.Idaho Supreme Court · 1921
- Girany v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1936