Sowden v. Idaho Quartz Mining Co.
California Supreme Court
Appeal by defendant from judgment in favor of plaintiff, and from order denying motion for new trial, in the District Court of the Fourteenth Judicial District, County of Nevada. Reardoh, J. The facts are stated in the opinion of the Court.
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Appeal by defendant from judgment in favor of plaintiff, and from order denying motion for new trial, in the District Court of the Fourteenth Judicial District, County of Nevada. Reardoh, J. The facts are stated in the opinion of the Court. The instructions approved by the Court in its opinion, but not set forth, were as follows, to wit: '■'■First.—As between master and servant, the latter took upon himself all the dangers and risks incident to the employment in which he engages; and, for injuries received in the course of his employment, and naturally resulting therefrom, the master is not…
1Opinion of the Court
Myrick, J. :
This action was brought to recover damages for personal injuries to plaintiff, caused by the premature explosion of blasting powder, known as Excelsior powder, manufactured by one Haffenager. Under the pleadings in this case the substantial issues were: ■
1. As to the safety of the Excelsior powder as a blasting powder.
2. As to whether the defendant exercised due care in supplying a reasonably safe powder, and in permitting the Excelsior powder to be used by its -workmen.
3. Whether the plaintiff knew or ought to have known of the qualities of the powder, and whether he exercised…
2Cases cited2 opinions
- Estate of ToomesCalifornia Supreme Court · 1880
- Blood v. LightCalifornia Supreme Court · 1866
3Cited by10 opinions
- Huffman v. LindquistCalifornia Supreme Court · 1951
- Sinz v. OwensCalifornia Supreme Court · 1949
- Berns v. Graston Gas Coal Co.West Virginia Supreme Court · 1885
- Colusa & Hamilton Railroad v. LeonardCalifornia Supreme Court · 1917
- Pearce v. LindeCalifornia Court of Appeal · 1952
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