James v. Winifred Coal Co.
Supreme Court of Iowa
Appeal from Appanoose District Court. — rC. W. Vermilion, Judge. This is an action to recover damages for injuries received by plaintiff while employed in defendant’s coal mine at Mystic, Iowa. The necessary facts are stated in the opinion.
1Opinion of the CourtStevens, J.
1. Master and servant: incompetency of fellow servant. I. At the time of the accident, plaintiff was crawling across the cutter bar of a mining machine recently installed in the mine, which had been operated only by, or under the observation and direction 0f, an expert demonstrator. One Train, who claimed to have had nine years’ experience in operating machines of similar construction in Scotland, and who was present, and who claims to have operated the machine for several days under the direction of the demonstrator, was employed by defendant to operate the machine. The injuries resulted…
2Cases cited27 opinions
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- Peters v. Southern Pacific Co.California Supreme Court · 1911
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3Cited by5 opinions
- Rosin v. Northwestern States Portland Cement Co.Supreme Court of Iowa · 1961
- Spaulding v. MillerSupreme Court of Iowa · 1935
- Collins v. Iowa Liquor Control CommissionSupreme Court of Iowa · 1961
- Hinnah v. SeabaSupreme Court of Iowa · 1922
- Pettijohn v. WeedeSupreme Court of Iowa · 1934