Weeks v. Scharer
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. On March 20, 1899, and for some time prior thereto, Weeks was the lessee and was engaged in the operation of a mine in Teller county, Colo. Part of the time his son was about the mine as the representative of the owner, but during all of the time the immediate direction, supervision, and control of the mining operations were exercised by a superintendent.
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In Error to the Circuit Court of the United States for the District of Colorado. On March 20, 1899, and for some time prior thereto, Weeks was the lessee and was engaged in the operation of a mine in Teller county, Colo. Part of the time his son was about the mine as the representative of the owner, but during all of the time the immediate direction, supervision, and control of the mining operations were exercised by a superintendent. On the day referred to, Scharer, who was employed as a trammer, was struck and severely injured in the 500-foot level, near the vertical shaft of the mine, by a…
1Opinion of the CourtHook, Circuit Judge
In view of the testimony on behalf of the plaintiff it became important to the defendant, Weeks, to prove that he discharged his duty to make, promulgate, and enforce a rule that the trapdoors at the mouth of the shaft should be closed when the bucket was being loaded or unloaded at that place. To this end he sought to show by his son that the superintendent was directed to instruct the employés accordingly. The proffered testimony was excluded by the trial court. It is clear that the testimony was of a self-serving character, and inadmissible, and that its purpose was to improperly…
2Cases cited14 opinions
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- New England Railroad v. ConroySupreme Court of the United States · 1899
- Central Railroad Company v. KeeganSupreme Court of the United States · 1895
- Northern Pacific Railroad v. CharlessSupreme Court of the United States · 1896
- Martin v. Atchison, Topeka & Santa Fe RailroadSupreme Court of the United States · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
- Jackson v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1910
- Balaklala Consol. Copper Co. v. ReardonCourt of Appeals for the Ninth Circuit · 1915
- Carroll v. United StatesCourt of Appeals for the Ninth Circuit · 1907
- National Candy Co. v. MillerCourt of Appeals for the Eighth Circuit · 1908
3 more not listed; retrieve them via the Exa API.