Bunker Hill & S. Mining & Concentrating Co. v. Kettleson
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Oregon. This action was brought by Gunder Kettleson, a citizen and resident of the state of Washington, against the Bunker Hill & Sullivan Mining & Concentrating Company, a corporation organized and existing under the laws of the state of Oregon. The defendant’s mine is located in the state of Idaho. The plaintiff was engaged in this mine, and while so employed was injured.
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In Error to the Circuit Court of the United States for the District of Oregon. This action was brought by Gunder Kettleson, a citizen and resident of the state of Washington, against the Bunker Hill & Sullivan Mining & Concentrating Company, a corporation organized and existing under the laws of the state of Oregon. The defendant’s mine is located in the state of Idaho. The plaintiff was engaged in this mine, and while so employed was injured. The present action is to recover damages for the injuries resulting from the alleged negligence of the defendant in-not providing a safe place for the…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts). The evidence was not sufficient to sustain the verdict in favor of the plaintiff, and the jury should have been so instructed. Plaintiff had himself placed the rope in the chute on the day before the accident for his own safety, and he testified that the chute was not safe without it. He nevertheless ascended the chute on the-morning of the accident without it, and claims that he did not notice the absence of the rope. Clearly, these two situations are inconsistent. If the chute was unsafe without the rope for persons ascending or descending, plaintiff must have…
2Cases cited2 opinions
- Kansas City S. Ry. Co. v. BillingsleaCourt of Appeals for the Fifth Circuit · 1902
- Terry v. SchmidtCourt of Appeals for the Second Circuit · 1902