Linderberg v. Crescent Mining Co.
Utah Supreme Court
Appeal from a judgment of the district court of the third district and from an order refusing a new trial, Hon. Thomas J. Anderson, judge. The opinion states the facts. The testimony of the making of the station and the drifting back from the manway to the tunnel was incompetent even though it tended to show what was the situation after the accident. Railroad Co. v. Hawthorne, 144 IJ.
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Appeal from a judgment of the district court of the third district and from an order refusing a new trial, Hon. Thomas J. Anderson, judge. The opinion states the facts. The testimony of the making of the station and the drifting back from the manway to the tunnel was incompetent even though it tended to show what was the situation after the accident. Railroad Co. v. Hawthorne, 144 IJ. S. 202; Corcoran v. Peekskill, 108 N. Y. 151; Alcorn v. Railway Co., 16 S. W. Rep. 229; Raihoay Co. v. Jones, 14 S. W. Rep. 309; Railway Co. v. Compton, 75 Tex. 667; Hodge v. Percival, 132 Ill. 53; Lang v.…
1Opinion of the Court
Bartoh, J.:
In this case the plaintiff seeks to recover damages for personal injury received while in the employ of the defend*165•ant company. He claims that he was employed as a laborer ■and carman; that, as such, it was no part of his duty to. .go into the winzes, raises, or stopes; that the foreman of the defendant ordered him to go into a raise, and clean out some material, which he did;- that the raise was insufficiently timbered, but he was not aware of its unsafe condition, not haying been acquainted with the locality; and that, through the negligence of the defendant in haying the raise…
2Cases cited8 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Harriman v. StoweSupreme Court of Missouri · 1874
- Keyser v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1887
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
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3Cited by3 opinions
- Dallemand v. SaalfeldtIllinois Supreme Court · 1898
- Frank v. Bullion Beck & Champion Mining Co.Utah Supreme Court · 1899
- People v. KesslerUtah Supreme Court · 1896