Legal Opinion

Monson v. La France Copper Co.

Montana Supreme Court

Decided April 24, 1909No. 2,646PublishedCited by 43 opinions

Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by Sadie A. Monson, as administratrix, against the La France Copper Company and others. From a judgment for plaintiff, and from an order denying defendant Copper Company’s motion for new trial, it appeals. The evidence fails completely to furnish any light as to the cause of Monson’s death or as to the manner in which he was killed.

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Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by Sadie A. Monson, as administratrix, against the La France Copper Company and others. From a judgment for plaintiff, and from an order denying defendant Copper Company’s motion for new trial, it appeals. The evidence fails completely to furnish any light as to the cause of Monson’s death or as to the manner in which he was killed. Nor is there anything from which any inference regarding the matter could be legitimately drawn or deduced. The case should not, therefore, have been permitted to go to the jury.…

1Opinion of the CourtChief Justice Brantlt

delivered the opinion of the court.*

Action by plaintiff, as administratrix of the estate of John Monson, her deceased husband, for damages on account of his death in the course of his employment as a pumpman by the defendant corporation in one of its mines in Silver Bow county.

In the complaint F. Augustus Heinze, the manager of the corporation, William A. Kidney, the superintendent of the mine, and Albert Frank, employed as mining engineer, are joined with the corporation as defendants. Defendant Heinze was never served with summons. During the trial the action was dismissed as to defendants…

2Cases cited9 opinions

  1. Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
  2. Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
  3. State v. Anaconda Copper Mining Co.Montana Supreme Court · 1900
  4. Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909
  5. Hollingsworth v. Davis-Daly Estates Copper Co.Montana Supreme Court · 1909

4 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Kelley v. John R. Daily Co.Montana Supreme Court · 1919
  2. Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
  3. Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
  4. Burns v. EmingerMontana Supreme Court · 1929
  5. Staff v. Montana Petroleum Co.Montana Supreme Court · 1930

38 more not listed; retrieve them via the Exa API.

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