Handley v. Daly Mining Co.
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. Hon. Ogden Hiles, Judge. Action of tort by William Handley against the Daily Mining Company for injuries sustained by plaintiff while employed in defendant’s mine. From a judgment for defendant plaintiff appeals. This is an action brought by the plaintiff to recover damages for an injury received by him while at work for the defendant in its mine.
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Appeal from the Third district court, Salt Lake county. Hon. Ogden Hiles, Judge. Action of tort by William Handley against the Daily Mining Company for injuries sustained by plaintiff while employed in defendant’s mine. From a judgment for defendant plaintiff appeals. This is an action brought by the plaintiff to recover damages for an injury received by him while at work for the defendant in its mine. The complaint alleged negligence on the part of the defendant; that, by and through its station tender it negligently left the trips or chairs in the shaft of the mine extended into the shaft,…
1Opinion of the CourtMiNbb, J.
(after stating the facts):
Plaintiff was a miner, taking out ore. Breen was in the same department, loading ore on the cage, and had no control of the plaintiff. Both were under the same foreman, in the same department of labor. They were therefore fellow servants. It is the duty of a master to exercise due and reasonable care in the selection of his servants, with reference to their competency and fitness. He must also exercise the same degree of care in retaining his servants after such employment, for his responsibility is the same. The employer’s liability for injuries caused by the…
2Cases cited8 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Union Pac. Ry. Co. v. CallaghanCourt of Appeals for the Eighth Circuit · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. First Sec. Bank of Utah, N.A. United States v. Allen. United States v. Cota (Two Cases)Court of Appeals for the First Circuit · 1953
- Pool v. Southern Pacific Co.Utah Supreme Court · 1899
- Linden v. Anchor Mining Co.Utah Supreme Court · 1899
- Stoll v. Daly Mining Co.Utah Supreme Court · 1899
- Jenkins v. Mammoth Mining Co.Utah Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.