Mountain Copper Co. v. Van Buren

Citations

• 123 F. 61
• 59 C.C.A. 279
• 1903 U.S. App. LEXIS 3970

Syllabus

<p>1. Master and Servant—Action for Injury to Servant—Proof of Master’s Negligence.</p> <p>In an action to recover for the death of an employe killed by the caving in of a mine, in which there is no question of contributory negligence or the negligence of a fellow servant, but the right to recover depends solely on the negligence of defendant, the burden of proof on such issue rests on the plaintiff, and the fact of the cave-in itself carries no presumption of negligence.</p> <p>¶ 1. See Master and Servant, vol. 34, Cent. Dig. §§ 881, 895, 898.</p>