Anderson v. Daly Mining Co.
Utah Supreme Court
Appeal from the Third district court, Summit county. Ogden Hiles, Judge. Action of tort by Jacob Anderson against the Daly Mining Company for injuries sustained by plaintiff while at work in defendant’s mine. From a judgment for defendant plaintiff appeals. The shift bosses on these separate shifts and the men ■on all the shifts were not fellow workmen as defined by the courts of Utah.
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Appeal from the Third district court, Summit county. Ogden Hiles, Judge. Action of tort by Jacob Anderson against the Daly Mining Company for injuries sustained by plaintiff while at work in defendant’s mine. From a judgment for defendant plaintiff appeals. The shift bosses on these separate shifts and the men ■on all the shifts were not fellow workmen as defined by the courts of Utah. The lower court took the extreme «lelilíilion of common employment, a definition which this court has repeatedly refused to adopt. Pool v. 8. P. Go., 7 Utah 303; Wébb y. Pailway Go., 7 Utah 363; Trihay y.…
1Opinion of the Court
Miner, J.:
This appeal was taken by the plaintiff June 14, 1897, from a judgment entered in the Third distriet court of Summit county, in favor of the defendant. The verdict of the jury was rendered June 18, 1896. The action was brought to recover damages for injuries alleged to have been received by the plaintiff while working in defendant’s mine, through the negligence of the defendant. There is testimony tending to show that defendant was sinking a shaft in its mine by the use of Burleigh drills worked with compressed air. About 27 holes had been drilled in the bottom of the shaft. This…
2Cases cited2 opinions
- Burns v. Sennett & MillerCalifornia Supreme Court · 1893
- Minturn v. United StatesSupreme Court of the United States · 1882
3Cited by10 opinions
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Faulkner v. Mammoth Mining Co.Utah Supreme Court · 1901
- McQueeny v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903
- Zeigenmeyer v. Goetz Lime & Cement Co.Missouri Court of Appeals · 1905
- Christienson v. Rio Grande Western Railway Co.Utah Supreme Court · 1903
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