Fowler v. Pleasant Valley Coal Co.
Utah Supreme Court
Appeal from tbe Third district court, Salt Lake county. A. N. Cherry, Judge. • Action by William Fowler against the Pleasant Valley Coal Company. Judgment for plaintiff, and defendant appeals. There is no presumption that the plaintiff was using due care, where there is evidence tending to show negligence on his part.
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Appeal from tbe Third district court, Salt Lake county. A. N. Cherry, Judge. • Action by William Fowler against the Pleasant Valley Coal Company. Judgment for plaintiff, and defendant appeals. There is no presumption that the plaintiff was using due care, where there is evidence tending to show negligence on his part. In an action for death or injury caused by defendant’s negligence, where there _ is substantial evidence of contributory negligence by the deceased or person injured, it is error to charge that there is a legal presumption that he exercised ordinary care. Schepers v. Depot Go.,…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
With reference to master and servant the rule is that, if a master gives the servant to understand that he does not consider the risk which the servant is to undertake *353one which a prudent person should refuse to undertake, the servant has a right to rely upon the master’s judgment, unless his own judgment is so clearly opposed thereto that in fact he does not rely upon the master’s judgment. 1 Shear. & ft. Neg. § 186. The accident complained of occurred at a time when the mine was not being worked and when the plaintiff was not in the master’s immediate employment.…
3Cases cited8 opinions
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Bunt v. Sierra Butte Gold Mining Co.Supreme Court of the United States · 1891
- Victor Coal Co. v. MuirSupreme Court of Colorado · 1894
- Bunnell v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
- Kilroy v. FossMassachusetts Supreme Judicial Court · 1894
3 more not listed; retrieve them via the Exa API.
4Cited by10 opinions
- Harlow v. LeclairSupreme Court of New Hampshire · 1927
- Kanopka v. KanopkaSupreme Court of Connecticut · 1931
- Alamo v. Del RosarioCourt of Appeals for the D.C. Circuit · 1938
- State Farm Mut. Automobile Ins. Co. v. BonacciCourt of Appeals for the Eighth Circuit · 1940
- Sullivan v. Beneficial Life Ins. Co.Utah Supreme Court · 1937
5 more not listed; retrieve them via the Exa API.