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WELKER v. KENNECOTT COPPER COMPANY

2 CA-CIV 21.

1 Ariz. App. 395 (1965)

403 P.2d 330

Melvin J. WELKER, Administrator of the Estate of Holly M. Welker, Deceased, Appellant, v. KENNECOTT COPPER COMPANY, a corporation, Appellee.

Court of Appeals of Arizona.

June 15, 1965.

Attorney(s) appearing for the Case

Rees, Estes & Browning, Tucson, Paul G. Rees, Jr., Tucson, of counsel, for appellant.

Fennemore, Craig, Allen & McClennen, Phoenix, Calvin H. Udall, Phoenix, of counsel, for appellee.

MOLLOY, Judge.

This is an appeal from a judgment rendered in favor of the defendant Kennecott Copper Company and against the plaintiff, administrator of the estate of a deceased workman who was killed by a dirt slide into an excavation in which such workman was employed upon property owned by the defendant. The case was submitted by the trial court to a jury, and the jury being unable to agree, a mistrial was declared. Subsequently, the court granted a motion of the...

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