Johnson v. Butte & Superior Copper Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Charles J. Johnson, as administrator of the estate-of Fred Simila, deceased, against the Butte and Superior Copper Company, Limited. Judgment of dismissal for defendant,, and plaintiff appeals. The rules of pleading are general. They -are designed to-embrace all persons, natural or artificial, capable of suing or being sued.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Charles J. Johnson, as administrator of the estate-of Fred Simila, deceased, against the Butte and Superior Copper Company, Limited. Judgment of dismissal for defendant,, and plaintiff appeals. The rules of pleading are general. They -are designed to-embrace all persons, natural or artificial, capable of suing or being sued. Corporations are bound by the same rules of pleading that bind a natural person. (Hunt v. San Francisco,. 11 Cal. 258; San Frmcisco Gas Co. v. San Francisco, 9 Cal. 466; 5 Ency. of PI. &…
1Opinion of the CourtJustice Holloway
Fred Simila was employed by the defendant company as a miner, and was working in a shaft at the Black Rock mine, when a piece of timber fell upon him inflicting injuries from which he subsequently died. The administrator of his estate brought this action, and in his complaint alleges that one James Goggin was employed by the defendant company as a shift-boss at the time when and the place where Simila was injured, and that Simila’s injuries were occasioned by the negligence of Goggin which caused the timber to fall. The answer of the *164defendant admits its corporate existence, and admits that…
2Cases cited10 opinions
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Seattle National Bank v. CarterWashington Supreme Court · 1895
- McCauley v. NorcrossMassachusetts Supreme Judicial Court · 1892
- Cashman v. ChaseMassachusetts Supreme Judicial Court · 1892
- Fitzgerald v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State ex rel. Goodman v. StewartMontana Supreme Court · 1920
- Clark v. OlsonMontana Supreme Court · 1934
- Melzner v. Northern Pacific Ry. Co.Montana Supreme Court · 1912
- State Ex Rel. Federal Land Bank of Spokane v. HaysMontana Supreme Court · 1929
- State ex rel. Hinz v. MoodyMontana Supreme Court · 1924
28 more not listed; retrieve them via the Exa API.