King v. Morgan
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. ’ , This was an action instituted by Morgan, defendant in error, against King, Brewster, and Porter, doing business under the firm name of Cook Mining Company, plaintiffs in error, to recover damages for an injury sustained by him while working for them in one of their mines.
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In Error to the Circuit Court of the United States for the District of Colorado. ’ , This was an action instituted by Morgan, defendant in error, against King, Brewster, and Porter, doing business under the firm name of Cook Mining Company, plaintiffs in error, to recover damages for an injury sustained by him while working for them in one of their mines. Plaintiff charged that he was employed to tamp powder in drill holes, preparatory to exploding rock, and that defendant negligently furnished him with an unsafe and dangerous implement for doing the work, and that as a result of its use a…
1Opinion of the Court
ADAMS, District Judge,
after stating the case as above, delivered ihe opinion of the court.
We have read all the evidence preserved in the bill of exceptions with great care, and think the following facts are practically undisputed: Plaintiff at the time of his injury was a young man -of 24 years of age, of mature judgment, and large experience in using the machine drill employed in mining operations. For more than two years he had been working in mines in Colorado, drilling holes and loading the same with dynamite (sometimes in the evidence called “giant powder”) preparatory for explosions.…
2Cases cited14 opinions
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- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
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3Cited by19 opinions
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- Chicago, B. & Q. R. v. ShalstromCourt of Appeals for the Eighth Circuit · 1912
- Chicago Great Western Ry. Co. v. CrottyCourt of Appeals for the Eighth Circuit · 1905
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