Paucher v. Enterprise Coal Mining Co.
Supreme Court of Iowa
Appeal from Polk District Court. — W. H. McHenry, Judge. Action for damages for injury in coal mine. Trial to a jury, and verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtPreston, J.
1. The trial court held that defendant had not, at the time of the injury to plaintiff, complied with the provisions of the Workmen’s Compensation Act in regard to electing to come within the same, and that it was without the act.
The errors assigned are, substantially, that the court erred in holding that defendant company was not within the provisions of the Employers’ Liability Act because of its failure to post notice of its election to waive the rejection of said act, theretofore made; and in holding that defend*1085ant can no longer avail itself of the common-law defenses of assumption of…
2Cases cited4 opinions
- Young v. DuncanMassachusetts Supreme Judicial Court · 1914
- Moore v. Marshalltown Opera-House Co.Supreme Court of Iowa · 1890
- Daniels v. Charles Boldt Co.West Virginia Supreme Court · 1916
- Troth v. Millville Bottle WorksSupreme Court of New Jersey · 1916
3Cited by9 opinions
- O'Rourke v. Percy Vittum Co.Supreme Court of Minnesota · 1926
- Hogue v. WurdackMissouri Court of Appeals · 1957
- Brollier v. Van AlstineMissouri Court of Appeals · 1942
- Elks v. ConnSupreme Court of Iowa · 1919
- Sechler v. PastoreSupreme Court of Colorado · 1938
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