Union Coal Co. v. Edman
Supreme Court of Colorado
Appeal from District Gourt of Arapahoe Govmtry. This was an action brought by Charles J. Edman, plaintiff below, to recover for personal injuries alleged to have been occasioned by the negligence of the defendant, the Union Coal Company. The injuries are alleged to have occurred by the explosion of a steam boiler in certain coal mines belonging to the defendant company while plaintiff was at work therein for said company. The plaintiff recovered a verdict and judgment.
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Appeal from District Gourt of Arapahoe Govmtry. This was an action brought by Charles J. Edman, plaintiff below, to recover for personal injuries alleged to have been occasioned by the negligence of the defendant, the Union Coal Company. The injuries are alleged to have occurred by the explosion of a steam boiler in certain coal mines belonging to the defendant company while plaintiff was at work therein for said company. The plaintiff recovered a verdict and judgment. The defendant brings this appeal.
1Opinion of the CourtJustice Elliott
The defendant’s ownership of the mines, being averred in the complaint and not denied in the answer, must be taken as admitted. But the answer expressly denies that plaintiff was employed by defendant or that he received the alleged injury while engaged in and about defendant’s work; and also denies that the mines were being worked or operated by the defendant in any manner at the time of the alleged injury.
A careful examination of the record fails to disclose any ' substantive evidence that the defendant, the Union Coal Company, was engaged in operating the mines at the time the plaintiff…
2Cases cited4 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Babcock v. PeopleSupreme Court of Colorado · 1889
- Scott v. CraneSupreme Court of Connecticut · 1814
- Memphis & Vicksburg Railroad v. CockeMississippi Supreme Court · 1887
3Cited by5 opinions
- Fisher v. McPhee & McGinnity Co.Colorado Court of Appeals · 1913
- Anson v. EvansSupreme Court of Colorado · 1893
- Anderson v. DaileyColorado Court of Appeals · 1913
- Anderson v. DaileyColorado Court of Appeals · 1913
- Fisher v. McPhee & McGinnity Co.Colorado Court of Appeals · 1913