Legal Opinion

Thayer v. Smoky Hollow Coal Co.

Supreme Court of Iowa

Decided October 7, 1903PublishedCited by 24 opinions

Appeal from Monroe District Cotort. — HoN. T. M. Fee, Judge. ActioN at law to recover damages for personal injuries received by plaintiff, resulting from a fall of slate from the roof of an entry in the defendant’s coal mine. The defendant denied liability for the injuries, and on trial to a. jury plaintiff received the verdict on which judgment was rendered, and the defendant appeals.

1Opinion of the CourtDbemeR, J.

Plaintiff, while engaged with another in driving an entry in defendant’s coal mine, received the injuries of which he complains through a fall of slate from the roof of said entry. He charges the defendant with negligence in the following language: “That it was the duty of the defendant to provide and erect in such entry suitable and necessary safeguards against accidents to those employed in and about said mine.” “The said injuries were received by him wholly as the direct and proximate result of the carelessness and negligence of the defendant. That said carelessness and negligence…

2Cases cited11 opinions

  1. Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
  2. Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
  3. Taylor v. Star Coal Co.Supreme Court of Iowa · 1899
  4. Kelley v. Fourth of July Mining Co.Montana Supreme Court · 1895
  5. Sankey v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902

6 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Langner v. CavinessSupreme Court of Iowa · 1947
  2. People v. SmithCalifornia Court of Appeal · 1921
  3. Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
  4. Kelly v. Muscatine, Burlington & Southern RailroadSupreme Court of Iowa · 1923
  5. Mitchell v. Phillips Mining Co.Supreme Court of Iowa · 1917

19 more not listed; retrieve them via the Exa API.

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