Metallic Gold Mining Co. v. Watson
Supreme Court of Colorado
Appeal from Teller District Court — Hon. James Owen, Judge. Plaintiff alleges, that March 19, 1906, he worked for defendant on a mining claim in Teller county, and was sent into a drift on the second level, where there had theretofore been a cave-in; that defendant knew it had occurred several months before, but did nothing to prevent further cave-ins or injury in the drift; that no timbering had been placed therein, and the law had1 not been complied with requiring- mines…
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Appeal from Teller District Court — Hon. James Owen, Judge. Plaintiff alleges, that March 19, 1906, he worked for defendant on a mining claim in Teller county, and was sent into a drift on the second level, where there had theretofore been a cave-in; that defendant knew it had occurred several months before, but did nothing to prevent further cave-ins or injury in the drift; that no timbering had been placed therein, and the law had1 not been complied with requiring- mines to be made safe; that the mine was then in a dangerous and unsafe condition, and, when it sent him into the drift to…
1Opinion of the CourtJustice Garrigues
1. Plaintiff was an experienced miner, and timbering was part of his employment. He had worked at the mine about five months and was as familiar with the condition of.the drift as Blanchard, the superintendent. Defendant concluded to make an upraise in the drift to stope out the ore, and to make it a reasonably safe place to work, it was necessary to timber. The rule that where one employs another, he must exercise ordinary care to furnish the employe with a reasonably safe place to perform the services, has no application to this case. Plaintiff was engaged in making a dangerous place…
2Cases cited20 opinions
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
- Wells v. CoeSupreme Court of Colorado · 1886
- Aldridge's Adm'r v. Midland Blast Furnace Co.Supreme Court of Missouri · 1883
- Walker v. ScottSupreme Court of Kansas · 1901
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Blades v. DaFoeSupreme Court of Colorado · 1985
- Beeman v. PeopleSupreme Court of Colorado · 1977
- Spaulding v. PorterSupreme Court of Colorado · 1934
- J. R. Whitlow v. Seaboard Air Line Railroad Company and Western Union Telegraph CompanyCourt of Appeals for the Fourth Circuit · 1955
- Garfield v. Passumpsic Telephone Co.Supreme Court of Vermont · 1917
3 more not listed; retrieve them via the Exa API.