Wilson v. Sioux Consolidated Mining Co.
Utah Supreme Court
Appeal from tlie Fourth district court. W. N. Dusen-ber.ry, Judge. Action by William E. Wilson against the Sioux Consolidated Mining Company to recover for personal injuries. From a judgment for plaintiff, defendant appeals.
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Appeal from tlie Fourth district court. W. N. Dusen-ber.ry, Judge. Action by William E. Wilson against the Sioux Consolidated Mining Company to recover for personal injuries. From a judgment for plaintiff, defendant appeals. Though the defendant may have known of the vicious nature of the mare and instructed the plaintiff to handle her without imparting such knowledge to him, still if, through his experience the plaintiff became aware of the same facts, by continuing in the employment, the risks thereof were assumed by him. Gh'een & Coates St. Bass. By. Co. v. Bresmer, 97 Pa. St. 103; Powers…
1Opinion of the Court 1
After a statement of the case as above,
2Opinion of the Court · BartchBartch, J.
The appellant contends that the respondent, at the time of the occurrence, was not its employé, and that it owed him no duty to acquaint him with the vicious character of the horse. It is true that the respondent was not one of its regular employés. The company, through its agent, however, entered into an arrangement, with one who was its employé, whereby the respondent wras to enter into its service for a certain time in the place of such employé. *396Its agent was a party to the selection of this particular person so to enter its service. He was subject to…
3Cases cited7 opinions
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Brown v. KellySupreme Court of Georgia · 1890
- Johnson v. Ashland Water Co.Wisconsin Supreme Court · 1888
- Lowe v. Salt Lake CityUtah Supreme Court · 1896
- New Orleans, Baton Rouge, Vicksburg & Memphis Railroad v. NorwoodMississippi Supreme Court · 1885
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4Cited by11 opinions
- State v. KingUtah Supreme Court · 1902
- Pool v. Southern Pacific Co.Utah Supreme Court · 1899
- Pugmire v. Oregon Short Line R.Utah Supreme Court · 1907
- Farnsworth v. Union Pac. Coal Co.Utah Supreme Court · 1907
- Aga v. HarbachSupreme Court of Iowa · 1908
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