Bakka v. Kemmerer Coal Co.
Utah Supreme Court
Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by Elias Bakka. against tbe "Kemmerer Coal Company. Judgment for plaintiff; defendant appeals. appellant's points.
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Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by Elias Bakka. against tbe "Kemmerer Coal Company. Judgment for plaintiff; defendant appeals. appellant's points. While under tbe general rule it is tbe duty of tbe master to use ordinary care to furnish a, reasonably safe place to work, and while this duty cannot be delegated, in mining one of tbe necessary incidents of tbe employment of tbe servant is tbe making of tbe place in which be works, and any danger arising from tbe work as it progresses caused by changing conditions or in making dangerous places safe is…
1Opinion of the CourtStraup, J.
The plaintiff, an employee of tbe defendant, brought this action in tbe district court at Ogden to recover damages for-alleged injuries sustained by him in tbe defendant’s coal mine at Frontier, Wyo. His complaint is in two counts: One-based on a Wyoming statute; tbe other on tbe common law-*348As pleaded, tbe Wyoming statute (C. L. 1910, eb. 224) provides: Section 3511 that one operating a coal mine is required to employ “a mining boss wbo shall be an expert coal miner and shall have taken and passed the examination” and “received a certificate of competency.” and who, among other duties, “shall…
2Cases cited5 opinions
- Jones v. American Caramel Co.Supreme Court of Pennsylvania · 1909
- Valjago v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1910
- Maki v. Union Pac. Coal Co.Court of Appeals for the Eighth Circuit · 1911
- Carney Coal Co. v. BenedictWyoming Supreme Court · 1913
- Fowler v. Union Portland Cement Co.Utah Supreme Court · 1911
3Cited by3 opinions
- McLaughlin v. Chief Consol. Mining Co.Utah Supreme Court · 1923
- Southern Pac. Co. v. RalstonCourt of Appeals for the Tenth Circuit · 1933
- Silver King of Arizona Mining Co. v. KendallArizona Supreme Court · 1921