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eBook details

• Title: Jeffers Coal Co. v. Ind. Acc. Bd.
• Author : Supreme Court of Montana
• Release Date : January 19, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

1. Labor Relations ? Injunction did not lie. A complaint in equity to enjoin enforcement of an order of the Industrial Accident Board directing the erection of a washroom for employees engaged in mining coal, did not state facts sufficient to constitute a cause of action since the grounds of complaint were matters that could be asserted as a defense to proceedings brought to enforce compliance with the order and hence plaintiff has an adequate remedy at law. 2. Labor Relations ? Effect of penalty for violation of statute on right to injunctive relief. Possible liability for statutory penalty for each day of violation of statute requiring coal mine operator to provide washroom for employees did not entitle operator of mine to enjoin enforcement of order of Industrial Accident Board directing erection of washroom - Page 412 in compliance with statute, since if Board should delay unreasonably in instituting action to enforce compliance with statute and order, mine operator could institute action at law for declaratory judgment. 3. Declaratory Judgment ? Effect of order of Board. Order of Industrial Accident Board did not affect any right of operator and did not entitle operator to declaratory judgment as to validity of order, which merely notified operator that board intended to enforce provisions of statute. 4. Declaratory Judgment ? Coal mine operator not entitled to declaratory judgment. Whether coal mine operator had 12 employees actually engaged in mining and whether water was available could be raised in proceedings to enforce statute, requiring mine operator having such employees to provide a washroom not more than 800 feet from principal entrance of mine when practicable to do so, or in proceedings questioning validity of statute and did not entitle operator to a declaratory judgment as to validity of order of Industrial Accident Board directing erection of washroom in compliance with statute.

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