Hagenauer v. Detroit Copper Mining Co.
Arizona Supreme Court
WRIT OF ERROR from the District Court of the First Judicial District, in and for the County of Pima. John H. Campbell, Judge. STATEMENT OF FACTS BY THE COURT. The plaintiff in error commenced this action in the district court in and for the county of Graham on December 30, 1907, by filing the following complaint (omitting the formal parts) : “III.
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WRIT OF ERROR from the District Court of the First Judicial District, in and for the County of Pima. John H. Campbell, Judge. STATEMENT OF FACTS BY THE COURT. The plaintiff in error commenced this action in the district court in and for the county of Graham on December 30, 1907, by filing the following complaint (omitting the formal parts) : “III. “That on the third day of Dec., A. D. 1906, and for more than one year next, prior thereto, the said defendant maintained a dam across Yankey Gulch at a point opposite its said concentrating mill, which said dam was made of tailings from the said…
1Opinion of the CourtCunningham, J.
An examination of the original complaint and of the amended complaint reveals that the cause of action set forth in each is the negligent construction of the dam. This was the cause of all the wrong done by defendant, and all the damages suffered by the plaintiff resulted from the breaking of the dam. This was the wrong . defendant was charged in each as having committed, and the plaintiff, in each complaint, makes it appear clearly that *80it was the same dam which broke and" gave way, located at the same place, in the same relative position to the same mill operated by the defendant; that the…
2Cases cited42 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Hutchinson v. OtisSupreme Court of the United States · 1903
- Atlantic & Pacific Railroad v. LairdSupreme Court of the United States · 1896
- Scoby v. SweattTexas Supreme Court · 1866
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
37 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Montano v. Scottsdale Baptist Hospital, Inc.Arizona Supreme Court · 1978
- Bryan v. Inspiration Consolidated Copper Co.Arizona Supreme Court · 1922
- Hovland v. Farmers' State Bank of ChristineCourt of Appeals for the Eighth Circuit · 1926
- Lola Saba & Son v. Detroit Copper Mining Co.Arizona Supreme Court · 1912
- Kunselman v. Southern Pacific RailroadArizona Supreme Court · 1928
29 more not listed; retrieve them via the Exa API.