Ducktown Sulphur, Copper & Iron Co. v. Galloway
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Tennessee; Edward T. Sanford, Judge. Action by Luther and Ed. Galloway, administrators, against the Ducktown Sulphur, Copper & Iron Company. There was judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
DENISON, Circuit Judge.
While engaged as a miner in the Duck-town Company’s copper mine, Galloway was killed by the fall of material from the roof. Hi's administrators brought this action in the court below, and recovered a judgment, against which the company prosecutes this writ of error.
The negligence upon which the right of action depended was that of the defendant’s mine foreman, who is said to have been careless in the duty of inspection. The chief question preserved and brought to this court is whether the mine foreman should be regarded as the agent of the defendant, so as to bring into…
2Cases cited7 opinions
- Homer Ramsdell Transportation Co. v. La Compagnie Générale TransatlantiqueSupreme Court of the United States · 1901
- Wilmington Star Mining Co. v. FultonSupreme Court of the United States · 1907
- Gillespie v. . ZittlosenNew York Court of Appeals · 1875
- Homer Ramsdell Transp. Co. v. Compagnie Generale TransatlantiqueU.S. Circuit Court for the District of Southern New York · 1894
- Farmer v. KearneySupreme Court of Louisiana · 1905
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