Legal Opinion · Concurrence

Superior & Pittsburg Copper Co. v. Tomich

Arizona Supreme Court

Decided July 2, 1917No. Civil No. 1535Published

APPEAL from a judgment of the Superior Court of the county of Cochise. Alfred C. Lockwood, Judge. STATEMENT OP PACTS BY THE COURT. The appellee was employed by the appellant in the underground workings of its mines in Cochise county. The appellee’s duties required him to load, push on a track, and unload ore ears. The place for the performance of such duties was on the 900-foot level of the mine.

Read the full summary

APPEAL from a judgment of the Superior Court of the county of Cochise. Alfred C. Lockwood, Judge. STATEMENT OP PACTS BY THE COURT. The appellee was employed by the appellant in the underground workings of its mines in Cochise county. The appellee’s duties required him to load, push on a track, and unload ore ears. The place for the performance of such duties was on the 900-foot level of the mine. The track was laid through a drift from the point of loading the cars to a point of unloading the ores into a chute. The appellee was an experienced car man¿ accustomed to such work in other mines.…

1ConcurrenceFranklin, C. J.

(Concurring).- — The demonstrations permitted before the jury in this case rather exceeded the limits defined in such matters, but here, as in predicating error on allowing the jurors to propound objectionable questions, appellant is estopped because a similar demonstration was made at the request of appellant. With regard to the excessiveness of the damages, where there is a personal injury permanent in -its character, there is much difficulty in measuring compensation for it by strict and definite rules, and therefore it must be left largely to the sound judgment of a jury and the trial…

2Cases cited1 opinion

  1. Ruck v. Milwaukee Brewery Co.Wisconsin Supreme Court · 1912

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API