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PERRY v. TONOPAH MINING CO.

No. 1876.

13 F.2d 865 (1915)

PERRY v. TONOPAH MINING CO. OF NEVADA.

District Court, D. Nevada.

October 8, 1915.

Attorney(s) appearing for the Case

Wm. Forman, of Tonopah, Nev., and J. A. Sanders, of Carson City, Nev., for plaintiff.

Hugh H. Brown and J. H. Evans, both of Tonopah, Nev., for defendant.

FARRINGTON, District Judge.

The allegations of the complaint are in substance as follows:

Defendant company is the owner of the Silver Top and Valley View mining claims, situated in Tonopah, near the well-traveled and principal streets, and adjacent to a thickly-settled part of the town. Near a path leading across these claims from Florence avenue to defendant's mines there were at the time of the accident a number of open shafts and excavations; among them...

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