The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-11-06
LATE LEGAL DECISIONS
N MINING INDUSTRY
CONTRADICTORY NEGLIGENCE :
MINERS LIEN-LiAeILiTY
OF STOCKHOLDERS.
Miners Lisn-Naturs of Work.

Miners Lisn-Nature Of Work.
The work for which lien on a
mine or mining property is given by
the statute of Colorado is that which
is performed in the development and
conservation of the mine and the re-
suits of which become incorporated
with the mine SO as to constitute a
part of it's value. International Trust
Co. v. Lowe, Colo, 1870 Pac $40, p. $50.
Stockholders Liability.
Where mining stock was sold for
money and the purchase price was
less than the par value of the stock
the difference between the par value
and the amount actually paid is the
measure of the stockholders liability
ITO the creditors. But where corporate
stock is issued for mining property
having no generally defined value, the
rule is that where the corporation and
stockholders have agreed upon a CIV
en- value for the property transferred,
such valuation is binding and conclu-
or effect. Where the parties place
upon the property a valuation in ex-
cess of what they knew or believed to
be it's tdue value, this is a construct
i've fraud upon the creditors and the
stock will he deemed paid only to the
extent of the actual value of the min
ing property received in exchange for
it. Hasson v. Koeberle, Cal. 1S1 Pac.
CAL 66S, 1873 Pac. 48S Harris " Ar
,mour. 1853 Cal. 1877, 147 Pac. 1866.
Negligence.
Where an appliance or thing
which caused an injury is shown to
be under the management of mine
operator, an accident resulting in an
injury is such as in the ordinary
course of things does not happen If
those who have the management of
such appliances used proper care, af-
fords reasonable evidence, in the alb
sence Of explanation by the mine OPP
orator, that the accident arose from
a want of care. An injured employee
under such circumstances need not do
anything further than to show that
the defect was known ITO the operator
or that it would have been discovered
upon tie exercise of reasonable care to
ascertain it's condition. Duran V. yell
low Aster Mining & Milling Co. Cal.
App, 1s1 Pac. 1896, p. 1896.
EmpIoye Ministering to His Wants.
The rule is that acts of ministra.
tion by servant to himself, such as
quenching his thirst, relieving his
hunger protecting himself from ex-
cessive cold, performance of which |
while at work are reasonably neces-
sary to his health and comfort, are in
cidents to his employment and such
acts of service are within the work.
mems compensation acts, although |
they only Indirectly are conducive to
the purposes of the employment. The
rule is applied in the case where a
Waterman employed by a mining |
company was injured while blasting
upon the premises in order to
procure fuel for the purpose of heat
ing or cooking. Ocean Accident &
Guaranty Corp. " Pallaro, Colo, $50 |
Pac. 95, p. So.
contributory Negligence,
Section of the Colorado workmen's |
law of 1915 enumerates
the conditions which must occur and
exist in order to give right to COM
pensation and freedom from negligence
on the part of an employee is not in
cluded and therefore negligence is no
defense to a claim for compensation. i
Neither does negligence alone prevent
any act ordinarily incident TO the en-
ployment from being one performed
out of and in the course OF the en-
ployment peril that arises from
the Negligent or reckless manner III
which an employee does his work may
well he held to be a risk incidental to
the employment. Ocean Accident d
Guaranty Corp. V. Pallaro, Colo, $50
L oS' 90, -. w.
Persons Entitled to Miners Lien.
The general manager Of mining
stands very much in the po-
sition of an owner directing and man.
aging his own business. He is the
of the corporation and
to the laIborers under him he Is prac-
tically the corporation itself Such
managers do not come within the
spirit of the mechanics lien acts and
he is not entitled to lien on the mine
or mining property for services rem
dered, as against bond holders. where
as such general manager, he aided in
the issue of the bonds international
Trust Co. ". Lowe, Colo, 1870 Pac. 579
p. $50.