Homestake Min. Co. v. Fullerton
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of South-Dakota. This was a suit in which William Fullerton, the defendant in error, sued the Homestake Mining Company, the plaintiff in error, in the circuit court of the United States for the district of South Dakota, for personal injuries sustained by him while working as an engineer for the defendant company at its mine near Dead City, in the state of South Dakota.
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In Error to the Circuit Court of the United States for the District of South-Dakota. This was a suit in which William Fullerton, the defendant in error, sued the Homestake Mining Company, the plaintiff in error, in the circuit court of the United States for the district of South Dakota, for personal injuries sustained by him while working as an engineer for the defendant company at its mine near Dead City, in the state of South Dakota. The material facts, other that those hereafter mentioned in the opinion, which the evidence tended to establish, are as follows: For two years and two months…
1Opinion of the Court
’ THAYER, Circuit Judge,
after stating the case as above, delivered the opinion of the court.
At the close of all the evidence the defendant, by its counsel, moved the court to direct the jury to return a verdict in its favor for the following reasons:
“First, Unit the uncontradictod evidence in the case shows that there was no negligence on the part of (he defendant; second, that the uncontradictod evidence in the ease shows that the negligence of the plaintiff contributed to his injury; third, that there is no evidence in the case tending to show that Joseph Treweek, whom the plaintiff claims…
2Cases cited15 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
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3Cited by29 opinions
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- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- Crookston Lumber Co. v. BoutinCourt of Appeals for the Eighth Circuit · 1906
- State v. MadisonSouth Dakota Supreme Court · 1909
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