Troglia v. Butte Superior Mining Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Montana; George M. Bourqun, Judge. Action by Martin Troglia against the Butte Superior Mining Company. Judgment for defendant, and plaintiff brings error. The plaintiff in error brought an action for damages for the loss of his son, a lad 11 years of age, who was drowned while swimming in a pond on the premises of the defendant in error.
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In Error to the District Court of the United States for the District of Montana; George M. Bourqun, Judge. Action by Martin Troglia against the Butte Superior Mining Company. Judgment for defendant, and plaintiff brings error. The plaintiff in error brought an action for damages for the loss of his son, a lad 11 years of age, who was drowned while swimming in a pond on the premises of the defendant in error. The pond furnished water to supply a mill, and it had been made by damming a small stream. It was about 100 feet long and 75 feet wide, and varied in depth from 1 to 12 feet. It wasffiot…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] Error is assigned to the ruling of the court below in directing a verdict for the defendant in error. The degree of care required of one who maintains on his land an artificial pool for a useful purpose is not greater than that required of one through whose land flows a natural stream, and he is bound to no special care or precaution for the protection of children who are in the habit of swimming in the same, unless there is in the pool some peculiar danger, in the nature of a hidden peril or trap for the unwary, of which he has or ought to have…
2Cases cited13 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Peters v. BowmanCalifornia Supreme Court · 1896
- Harper v. City of TopekaSupreme Court of Kansas · 1914
- Price v. Atchison Water Co.Supreme Court of Kansas · 1897
- Moran v. Pullman Palace Car Co.Supreme Court of Missouri · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Limberhand v. Big Ditch Co.Montana Supreme Court · 1985
- Hayko v. Colorado & Utah Coal Co.Supreme Court of Colorado · 1925
- White v. Kanawha City Co.West Virginia Supreme Court · 1945
- Fiel v. City of RacineWisconsin Supreme Court · 1930
- Maruska v. Missouri, K. & T. R. of TexasCourt of Appeals of Texas · 1928
6 more not listed; retrieve them via the Exa API.