Varela v. Reid
Arizona Supreme Court
APPEAL from a judgment of. the Superior Court of the County of Yuma. Fred L; Ingraham, Judge. STATEMENT OE EAOTS. On March 6, 1920, one Frank Varela, aged nineteen years, was in the employment of appellee, and engaged in driving a span of mules, hitched by means of a chain to the beam or sweep of a stump-pulling ma-chine. The chain broke, and the beam flew back and struck Varela, inflicting injuries upon him which resulted in his death two days later.
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APPEAL from a judgment of. the Superior Court of the County of Yuma. Fred L; Ingraham, Judge. STATEMENT OE EAOTS. On March 6, 1920, one Frank Varela, aged nineteen years, was in the employment of appellee, and engaged in driving a span of mules, hitched by means of a chain to the beam or sweep of a stump-pulling ma-chine. The chain broke, and the beam flew back and struck Varela, inflicting injuries upon him which resulted in his death two days later. The stump-pulling machine is described as an apparatus operated on the principle of a capstan, revolved on a vertical axis by means of a lever…
1Opinion of the CourtFlanigan, J.
(After Stating the Facts as Above.) The giving of the following instructions is assigned as error:
“You are further instructed that, if you fipd from the evidence that the deceased, Frank Varela, deliberately and unnecessarily, and without excuse, violated the rule of his employer, made for his own safety, *417that rule being, at the time of the violation thereof, alive and in force, that is, not waived by the consent of the defendant Reid, and that, as a direct result of said violation, the said deceased received the injuries from which he died, then the plaintiff in this action cannot recover.”
“Y…
2Cases cited13 opinions
- Davis v. BoggsArizona Supreme Court · 1921
- St. Louis & S. F. R. Co. v. HartSupreme Court of Oklahoma · 1914
- Chicago, R. I. & P. Ry. Co. v. BaroniSupreme Court of Oklahoma · 1912
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Inspiration Consolidated Copper Co. v. ConwellArizona Supreme Court · 1920
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Michie v. CalhounArizona Supreme Court · 1959
- Zancanaro v. HopperArizona Supreme Court · 1955
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