Northam v. Boston & Montana Consol. Copper & Silver Mining Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Montana. Action at law by Hedley Northam, by Myrtle Jones, his guardian ad litem, and Myrtle Jones, against the Boston & Montana Consolidated Copper & Silver Mining Company. Judgment for defendant, and plaintiffs bring error. On October 29, 1907, John Northam, while working in the mine of the defendant in error, received injuries which resulted in his death.
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In Error to the Circuit Court of the United States for the District of Montana. Action at law by Hedley Northam, by Myrtle Jones, his guardian ad litem, and Myrtle Jones, against the Boston & Montana Consolidated Copper & Silver Mining Company. Judgment for defendant, and plaintiffs bring error. On October 29, 1907, John Northam, while working in the mine of the defendant in error, received injuries which resulted in his death. The accident occurred on the ninth floor of a large stope, which was about 100 feet in. height, 36 feet long, running east and west, and about 20 feet wide. The stope…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The plaintiffs in error contend that the facts shown on the trial were sufficient to carry to the jury the question of the negligence of the defendant in error on the ground of its failure to inspect the mine, and in permitting a large rock projecting from the wall to remain for several days, where it was in danger of falling as soon as it was touched. We are not convinced that there was evidence sufficient to show negligence in that particular. The rock, imbedded as it was in the side of the wall, projecting, as witnesses variously testified, from three…
2Cases cited18 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
- Lake Erie & Western Railroad v. MuggIndiana Supreme Court · 1892
- Sawyer v. J. M. Arnold Shoe Co.Supreme Judicial Court of Maine · 1897
- Watts v. JensenCourt of Appeals for the Ninth Circuit · 1898
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3Cited by1 opinion
- Stone & Webster Engineering Corp. v. MelovichCourt of Appeals for the Ninth Circuit · 1913