Sheaff

Pacific Power Co. v. Sheaff

Good Law
148 C.C.A. 319·234 F. 553·1916 U.S. App. LEXIS 2111
United States Court of Appeals for the Ninth CircuitAugust 14, 1916No. 2603California3,695 words

Opinion

lead Opinion

Ross, J.

At the times in question the plaintiff in error, defendant below, was engaged in generating, selling, and distributing electricity in the state of Nevada and elsewhere, for power, light, and heat purposes, and the defendant in error, plaintiff below, was in its employ. While so employed the plaintiff received very serious injuries, for which he sued the company, recovering in the trial *554 court a verdict and judgment. The case is brought here by the defendant, the contentions on its part being that the complaint does not state a cause of action, that the evidence does not sustain its material allegations, and that consequently the court below erred in denying its motions to direct a verdict in its behalf, and, further, that, the plaintiff assumed the risks resulting in his injuries, and was also guilty of contributory negligence. Error is also assigned to the refusal of the court to give to the jury certain requested instructions.

After alleging the jurisdictional facts and stating the business in which the defendant company was engaged, the complaint alleges, in substance, that on a certain'named day and for a period immediately prior and subsequent thereto, at its Nevada…

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