Hunter v. Colfax Consolidated Coal Co.
Supreme Court of Iowa
Appeal from Jasper District Court.- — John F. Talbott, Judge. Ti-ie defendant corporation, one that might be subject to the provisions of Chapter 147 of the Acts of the Thirty-fifth General Assembly, popularly known as the Workmen’s Compensation Act, has elected to reject the provisions of it. Plaintiff was in the employ of defendant as a miner, and injured by a fall of coal while in that employment.
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Appeal from Jasper District Court.- — John F. Talbott, Judge. Ti-ie defendant corporation, one that might be subject to the provisions of Chapter 147 of the Acts of the Thirty-fifth General Assembly, popularly known as the Workmen’s Compensation Act, has elected to reject the provisions of it. Plaintiff was in the employ of defendant as a miner, and injured by a fall of coal while in that employment. It is stipulated that, if he be entitled to recover at all, it may be in the sum of $100, with interest at six per cent, from July 24, 1914. Judgment in that sum was entered against defendant,…
1Opinion of the CourtSalinger, J.
1. MASTER AND servant : -workmen’s compensation act: non-negligence of employer. One defense interposed was that the injury suffered by plaintiff was wholly due to his own negligence. Upon the issue created by this defense, defendant requested, and was denied, trial by jury; because it was the judgment of the trial court that such defense was precluded by the provisions of said act.
Appellant insists that the act is violative of the Constitution of the United States and of the state, because its provisions deny him the right to make said defense, and to have it tried by jury. If the act does…
2Cases cited160 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Munn v. IllinoisSupreme Court of the United States · 1877
- Lochner v. New YorkSupreme Court of the United States · 1905
- Paul v. VirginiaSupreme Court of the United States · 1869
- Barbier v. ConnollySupreme Court of the United States · 1884
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3Cited by98 opinions
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- Shea v. North-Butte Mining Co.Montana Supreme Court · 1919
- Demay v. Liberty Foundry Co.Supreme Court of Missouri · 1931
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