Legal Opinion

New Cornelia Copper Co. v. Espinoza

Court of Appeals for the Ninth Circuit

Decided September 7, 1920No. 3437PublishedCited by 3 opinions

In Error to the District Court of the United States for the District of Arizona; William H. Sawtell, Judge. Action by Ignacio S. Espinoza, as administrator of the estate of Jose Maria Ochoa, deceased, against the New Cornelia Copper Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

MORROW, Circuit Judge.

The plaintiff, as administrator of the estate of Jose Maria Ochoa, deceased, brought this action in the lower court to recover damages from the defendant for the death of the deceased, under two causes of action specified in the complaint, to wit: Under the “Employers’ Liability I,aw of Arizona,” and also under the common-law liability, alleging certain negligent acts and omissions upon the part of the defendant. Upon motion, plaintiff was required to elect as between the two causes of action alleged by him in the complaint, whereupon the plaintiff elected to proceed…

2Cases cited3 opinions

  1. McNicol's CaseMassachusetts Supreme Judicial Court · 1913
  2. Arizona Employers' Liability CasesSupreme Court of the United States · 1919
  3. Arizona Eastern Railroad v. MatthewsArizona Supreme Court · 1919

3Cited by3 opinions

  1. County of Apache v. Southwest Lumber Mills, Inc.Arizona Supreme Court · 1962
  2. United Verde Extension Mining Co. v. LittlejohnCourt of Appeals for the Ninth Circuit · 1922
  3. United Eastern Mining Co. v. HoffmanArizona Supreme Court · 1924

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