Morbach v. Home Mining Co.
Supreme Court of Kansas
Error from Leavenworth District Court. ON the 20th day of August, 1889, John Morbach commenced his action against The Home Mining Company, and in his petition, as his first cause of action, alleged: “That at the time of the happening of the wrong and grievances hereinafter complained of the defendant was, and now is, a corporation duly organized under the laws of the state of Kansas, and that, as such corporation, it was engaged in the work of sinking a coal-mining shaft, in…
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Error from Leavenworth District Court. ON the 20th day of August, 1889, John Morbach commenced his action against The Home Mining Company, and in his petition, as his first cause of action, alleged: “That at the time of the happening of the wrong and grievances hereinafter complained of the defendant was, and now is, a corporation duly organized under the laws of the state of Kansas, and that, as such corporation, it was engaged in the work of sinking a coal-mining shaft, in the county of Leavenworth, state of Kansas, and is now engaged in the business of working and operating said shaft in…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
On August 13, 1889, when the plaintiff was injured in the coal shaft of the Home Mining Company, that company was engaged in sinking, in Leavenworth city, a vertical shaft hundreds of feet deep, with lateral dimensions of about 16 by 16 feet. Peter Strauss was the superintendent in charge of the work. The sinking of the shaft was prosecuted night and day by three shifts of men, working eight hours each. Each shift was under the control of a foreman, who stayed at the bottom of the shaft while the men under his charge were working. The…
2Cases cited6 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Button v. HoffmanWisconsin Supreme Court · 1884
- Rush v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1887
- City of Osage City v. BrownSupreme Court of Kansas · 1882
- Atchison, Topeka & Santa Fé Railroad v. SchroederSupreme Court of Kansas · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Blackmore v. AuerSupreme Court of Kansas · 1960
- Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
- Lively v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1924
- Knight v. Farmers' & Merchants' Gin Co.Supreme Court of Arkansas · 1923
- Limberg v. Glenwood Lumber Co.California Supreme Court · 1899
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