Legal Opinion

Western Coal & Mining Co. v. McCallum

Court of Appeals for the Eighth Circuit

Decided November 25, 1916No. 4556PublishedCited by 2 opinions

In Error to the District Court of the United States for the Western District of Arkansas; Frank A. Youmans, Judge. Action by Jocie McCallum, administratrix, etc., against the Western Coal & Mining Company. There was a judgment for plaintiff, and defendant brings error.

1Opinion of the Court

BOOTH, District Judge.

Action by Jocie McCallum, as administratrix of the estate of William McCallum, to recover damages for the benefit of the next of kin of William McCallum, on account of his death, claimed to have been caused by the negligence of the defendant company. Plaintiff recovered in the court below, and defendant brings error.

It appears from the evidence: That William McCallum was employed by the defendant as a machinist, under the immediate charge of the pit boss, in connection with one of the defendant’s mines. His usual duties were above ground, though sometimes he was called…

2Cases cited13 opinions

  1. Mexican Central Railway Co. v. PinkneySupreme Court of the United States · 1893
  2. Tilton v. CofieldSupreme Court of the United States · 1876
  3. McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
  4. Mexican Central Railway Co. v. DuthieSupreme Court of the United States · 1903
  5. Cceur d'Alene Lumber Co. v. ThompsonCourt of Appeals for the Ninth Circuit · 1914

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3Cited by2 opinions

  1. Jenkins v. Wabash Railway Co.Supreme Court of Missouri · 1934
  2. Dundee Petroleum Co. v. ClayCourt of Appeals for the Eighth Circuit · 1920

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