Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 35
xiii, 111 p. : ill. ; 23 cm.View a full description of this report.
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STATUTES RELATING TO MINING OPERATIONS.
of the plaintiff in the manner in which he was performing his duties
at the time of the accident, is insufficient because it fails to set
forth any claim for a reduction of damages by reason of the alleged
contributory negligence of the plaintiff. The civil code of Ari-
zona (par. 3159), provides that contributory negligence shall not
bar a recovery, but the damages shall be diminished in proportion
to the amount of negligence attributable to the employee, and there-
fore a plea of contributory, negligence is not a defense to an action.
The fact that the defendant admitted that its negligence in part was
the cause of the damage by setting forth a charge of contributory
negligence against the plaintiff, authorized a verdict against it in
any event, the amount to be determined by the evidence.
Superior & Pittsburgh Copper Co. v. Tomaich (Arizona), 165 Pacific 1101, p. 1104.
EFFECT ON ASSUMPTION OF RISK.
DANGERS INHERENT IN OCCUPATION.
The workmen's compensation act of Arizona declares that all
ordinary and extraordinary risks inherent in the occupation are
unavoidable risks and dangers, and it necessarily follows that the
employee in entering upon his duties does not assume such ordinary
inherent risks, although known to him.
Inspiration Consolidated Copper Co. v. Mendez (Arizona), 166 Pacific 278, p. 283.
DANGERS NOT INHERENT IN OCCUPATION.
The workmen's compensation act of Arizona does not exclude as
a matter of defense in an action by an injured employee the assump-
tion of all ordinary and extraordinary risks inherent in the occu-
pation. Such risks as the employee may assume must be risks and
dangers other than risks and dangers inherent in the occupation.
Inspiration Consolidated Copper Co. v. Mendez (Arizona), 166 Pacific 278, p. 283.
VIOLATION OF RULES AND REGULATIONS-DEFENSE.
The workmen's compensation act of Arizona (par. 3157), provides
that an employer may by rules, regulations, or instructions inform
all employees in any dangerous occupation as to the duties and
restrictions of their employment, for the purpose of protecting the
safety of the employees; and if during the course of the employment
any employee so informed does an act beyond his duty or in viola-
tion of the restrictions of his employment, dangerous in character,
and suffers injury thereby, the employer may defend upon the
ground of the assumption of the risk by the employee, but the de-
fense must be specially pleaded and determined as an issue of fact.
The statute restricts the .employer's right in this defense, but does
not abolish the right.
Inspiration Consolidated Copper Co. v. Mendez (Arizona), 166 Pacific 278, p. 284.
165430-17-Bull 159 -435
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc38745/m1/49/: accessed April 26, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.