Legal Opinion

Mitchell Lime Co. v. Nickless

Indiana Court of Appeals

Decided October 8, 1908No. 6,381PublishedCited by 5 opinions

From Lawrence Circuit Court; James B. Wilson, Judge. Action by Carrie Nickless, as administratrix of the estate of Ambrose Nickless, deceased, against the Mitchell Lime Company. From a judgment on a verdict for plaintiff for $2,500, defendant appeals.

1Opinion of the CourtRabb, C. J.

The appellant was engaged in the manufacture of lime from oolitic limestone, and, as incident to the business, quarried the stone from which the lime was manufactured from ledges, and in so doing used explosives to break and shatter the stone from the ledge. Appellee’s decedent was an employe of the appellant, engaged as a common laborer in the stóne-quarry, and -while so engaged was injured by the fall of loose rock from the ledge, which injuries resulted in his death.

This action was brought by appellee to recover damages for her decedent’s death, charging that the same resulted from the…

2Cases cited8 opinions

  1. Consolidated Stone Co. v. SummitIndiana Supreme Court · 1899
  2. Malott v. SampleIndiana Supreme Court · 1905
  3. Wright v. Chicago, Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1903
  4. Indianapolis Traction & Terminal Co. v. HoltsclawIndiana Court of Appeals · 1907
  5. Diamond Plate Glass Co. v. DeHorityIndiana Supreme Court · 1895

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

3Cited by5 opinions

  1. Didlake v. Standard Ins. CoCourt of Appeals for the Tenth Circuit · 1952
  2. Fagg v. Massachusetts Bonding & InsuranceOregon Supreme Court · 1933
  3. Bruiletts Creek Coal Co. v. PomattoIndiana Supreme Court · 1909
  4. Lehigh Portland Cement Co. v. BassIndiana Supreme Court · 1913
  5. Fagg v. Massachusetts Bonding & InsuranceOregon Supreme Court · 1933

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