Legal Opinion

Linden v. Anchor Mining Co.

Utah Supreme Court

Decided June 27, 1899PublishedCited by 17 opinions

Appeal from the Third District Court, Summit County, Hon. A. G. Norrel. Judge. Action by Margaret Linden as-administratrix to recover damages for the death of her husband, who was fatally injured while in the employ of defendant company. From a judgment-for defendant, plaintiff appeals.

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Appeal from the Third District Court, Summit County, Hon. A. G. Norrel. Judge. Action by Margaret Linden as-administratrix to recover damages for the death of her husband, who was fatally injured while in the employ of defendant company. From a judgment-for defendant, plaintiff appeals. It is the master’s duty to exercise reasonable care to provide his servant a reasonably safe place in which to work, the performance of this duty cannot be effected by the simple giving of an order — by its execution being entrusted to another.. Until the agent thus selected and empowered in fact acts up to…

1Opinion of the Court

McCarty, District Judge:

After stating the facts delivered the opinion of the court.

It appears from the record that there is a conflict in the testimony on the vital issues of the case. At the conclus*143ion of the testimony for plaintiff, Margaret Linden, wife of decedent, who had testified in her own behalf, was recalled by defendant for further examination, and over the objections of her counsel was compelled to answer the following questions:

"Q. Did the Anchor Mining Company send or give you anything in the way óf a donation ?
“A. I do not know whether the Anchor Mining Company gave me anything…

2Cases cited21 opinions

  1. Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
  2. Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
  3. Smith v. Occidental & Oriental Steamship Co.California Supreme Court · 1893
  4. Nelson v. City of HelenaMontana Supreme Court · 1895
  5. Holt v. Spokane & Palouse Railway Co.Idaho Supreme Court · 1893

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

3Cited by17 opinions

  1. De Weese v. JC PENNY COMPANYUtah Supreme Court · 1956
  2. Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
  3. Rogalski v. Phillips Petroleum Co.Utah Supreme Court · 1955
  4. Charvoz v. CottrellUtah Supreme Court · 1961
  5. McCafferty v. FlinnNevada Supreme Court · 1910

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

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