Legal Opinion

Cavanaugh v. Centerville Block Coal Co.

Supreme Court of Iowa

Decided October 23, 1906PublishedCited by 6 opinions

Appeal from Appanoose .District Court.— Hon. Frank W. Eichelberger, Judge. Action to recover damages for personal injuries alleged have been sustained by plaintiff by reason of the negligence of- defendant’s employes. At the conclusion of the evidence the court .sustained a motion to direct a verdict for the defendant, and from the judgment on such directed verdict the plaintiff appeals.—

1Opinion of the Court

McClain, C. J.—

The ultimate facts which the evidence for plaintiff tended to establish, so far as they are *701material to the determination of the questions involved, are as follows: The plaintiff was, at the time of receiving the injury complained of, engaged as a miner in the coal mine of defendant, under the usual arrangement, by which he was allowed to work under the general direction of defendant’s pit boss, and receive pay at a specified price per ton for coal mined by him and delivered at the mouth of the shaft. Miners in defendants’ mine work in rooms which are extended back by them, in…

2Cases cited13 opinions

  1. Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
  2. Parmenter v. City of MarionSupreme Court of Iowa · 1901
  3. Beresford v. American Coal Co.Supreme Court of Iowa · 1904
  4. Knapp v. Sioux City & Pacific R'y Co.Supreme Court of Iowa · 1887
  5. Watters v. City of WaterlooSupreme Court of Iowa · 1904

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3Cited by6 opinions

  1. Lemos v. MaddenWyoming Supreme Court · 1921
  2. Brown v. Rockwell City Canning Co.Supreme Court of Iowa · 1906
  3. Fort Worth & D. C. Ry. Co. v. RoweCourt of Appeals of Texas · 1934
  4. Ashbach v. Iowa Telephone Co.Supreme Court of Iowa · 1914
  5. Jacobs v. Atlantic Coast Line R.Supreme Court of South Carolina · 1928

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