The copper era and Morenci leader. [volume] (Clifton, Ariz.) 1911-1929, 1913-07-04
From Graham County.


week.
From Graham County.
No. 1888, The Gila Valley Copper
company, appellant VS.. w. C. Clipping
G. S. Case and J. r. Golding, on ap
peal from the judgment of the Su
perior court of Graham county tried
before Judge A. G. McAllister. This
was an action by the appellant tc
quiet title to nine certain mining
claims located in the Lone Star Min
ing district of Gila county, it being
alleged that the three appellees above
had forfeited the title by reason OF
failure to perform the necessary as
sessment work. The case was tried
before a jury and a verdict in favor
of the appellees in this case resulting,
thereupon the copper company ap-
pealed. In the trial of the case the
defendants filed demurrer to a cross
complaint of the copper company,
which was overruled by the court.
This is the lone assignment of error
The court holds that the other assign
ments are too general and too indefi-
mite to be considered. The appeal is
said to be imperfect for other rea
sons. No reversible error was found
and the judgment was affirmed
From GreenIee County
Richard Kahn, appellant VS.. the
Arizona Copper company, an appeal
from the judgment of the Superior
court of Greenlee county, tried before
F. B. Laine, judge. Reversed and re-
manded. The case grew out of an al
legged damage suffered by Kahn, filed
July 3, 1912, and an amended COM
plaint was filed on October IA, 1912.
The complaint concerned the opera
tion and management of the hospitals
of the company at Morenci, Metcaif
and Clifton, an allegation that they
were conducted for profit. and in
order to avoid suits for damages
ployed therein, for malpractice and
negligence, they were carried on
under the name of the Clifton Acct
dent Benevolent Society. Kain al
legged that he was assessed $3.50 per
month out of his wages for the sup
port of the hospitals. He alleges
that under a contract of employment
the amounts were taken
from his wages the copper company
agreed to give him care when injured.
Shortly after his leg was injured in
an accident and he remained in the
from September 20, 1908 until
Feb. Is, 1910, when he was sent to a
hospital at Chicago for treatment and
claims that the doctor in charge failed
to find his leg to be broken for several
months after he was placed in the
Clifton hospital Action was for
damages for breach of contract, in
that the proper medical care was not
forthcoming.
The court holds that the contract
and the law implied
that the injury s.to Kahn should be
diagnosed with skill and that ne
should be competently treated. 1t
is assumed by the court that had the
doctor had the necessary knowledge
this would have been the case. The
lower court held with the copper COM
pany and was reversed by the SUI
preme court.
Judge Ross wrote the opinion and
the other judges concurred.
The second case from this county
was that of J. w. Bennie VS.. the
Becker Franz company, the original
suit being to quiet the title to four
-een certain mining claims and one
mill site, which had been purchased
by Bennie from the Becker Franz
company for $12,500, payments in in
,tal1ments. All but the last were |
paid, and this was not done because
t was claimed that certain other liti- |
cation intervened and his own title !
o the property was not altogether |
lear. 1t was then alleged that Beck
n Franz company held 81 per cent
If the stock of the organization that
vas contesting Bennie's title. The
rial came on before the court with
tut jury, and judgment was entered
or the companies interested
The Supreme court reverSes the
ase on the ground that the company
lad no right when under contract
With Bennie to go into a company to
ap over the claims and thus obscure
he title and the case was remanded
Or a new trial.