Portland Gold Mining Co. v. Duke

Citations

• 164 F. 180
• 90 C.C.A. 166
• 1908 U.S. App. LEXIS 4620

Syllabus

<p>1. Master and Servant — Duties Distinguished — Negligent Departure prom Reasonably Safe Method op Work.</p> <p>As between master and servant, the duty of so using a reasonably safe place, of so operating reasonably safe machinery, and of so conforming to an established and reasonably safe method of work, that injury will not be inflicted negligently, is the duty of those to whom the work is intrusted, and is no part of the positive duty of the master.</p> <p>TEd. Note, — For eases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 266, 267.]</p> <p>2. Statutes — Enactment—Constitutional ' Requirements — Entry op Final Vote in Colorado.</p> <p>The provision of Const. Colo. art. 5, § 22, that “no bill shall become a law * * * unless on its final passage the vote be taken by ayes and noes, and the names of those voting be entered on the journal,” as construed by the Supreme Court of the state, is mandatory, and a failure to comply with it is fatal.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 44, Statutes, § 20.]</p> <p>3. Same — Existence of Public Statute is Question op Law, and Cannot be Made an Issue op Fact by the Pleadings.</p> <p>Whether or not a purported public statute is a law or is not a law is a question of law, which may be presented and determined in like manner as any other question of law is presented and determined, and it cannot be made an issue of fact by the pleadings.</p> <p>4. Same — Colorado Fellow Servant Act op 1901 Never Became a Law.</p> <p>The purported act of the Legislature of Colorado approved March 28, 1901 (Sess. Laws 1901, p. 161, c. 67, abrogating the fellow servant rule of the common law, never became a law, because, as held by the Supreme Court of the state in Rio Grande Sampling Co. v. Catlin, 40 Colo. 450, 94 Pac. 323, and as shown by the published legislative journals, of which judicial notice must be taken, the constitutional mandate relating to the entry of the vote upon the final passage of a bill was n