Sommer v. Carbon Hill Coal Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Western Division of the District of Washington. This writ of error is sued out to review the action of the court below in sustaining a demurrer to tbe amended complaint filed in tbe case. The assignments of error raise the question whether the amended complaint states facts sufficient to constitute a cause of action.
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In Error to the Circuit Court of the United States for the Western Division of the District of Washington. This writ of error is sued out to review the action of the court below in sustaining a demurrer to tbe amended complaint filed in tbe case. The assignments of error raise the question whether the amended complaint states facts sufficient to constitute a cause of action. The complaint, as amended, alleges: That the defendant is a corporation organized under the laws of California, and doing business in Pierce county, Wash. That it owns and operates a coal mine known as the “Carbon Hill…
1Opinion of the Court
MORROW, Circuit Judge.
Various technical objections are made on a motion to dismiss the writ of error, based chiefly upon the alleged insufficiency of the record; but we think they are not well taken, .and that the motion to dismiss should be, and is hereby, denied.
Counsel for plaintiff in error contends that the complaint as amended states a cause of action, in that it shows, as claimed, that the plaintiff in error was injured by and through the negligence Of the defendant company, through its vice principal, one John Lowery, in not having provided and maintained the proper circulation of air…
2Cases cited11 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- United States v. ParkerSupreme Court of the United States · 1887
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Green v. Western American Co.Washington Supreme Court · 1902
- Eleganti v. Standard Coal Co.Utah Supreme Court · 1917
- Davidson v. Flour City Ornamental Iron WorksSupreme Court of Minnesota · 1909
- First National Bank v. MessnerNorth Dakota Supreme Court · 1913
- Fonder v. General Construction Co.Wisconsin Supreme Court · 1911
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