Conway v. Monidah Trust
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Joseph F. Conway, Jr., a minor, by Joseph F. Conway, Sr., his guardian ad litem, against the Monidah Trust and others. Judgment for plaintiff. Defendants appeal from the judgment and an order denying their motion for a new trial. The plaintiff’s right to recover damages depends solely on the question whether or not defendants have been guilty of actionable negligence.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Joseph F. Conway, Jr., a minor, by Joseph F. Conway, Sr., his guardian ad litem, against the Monidah Trust and others. Judgment for plaintiff. Defendants appeal from the judgment and an order denying their motion for a new trial. The plaintiff’s right to recover damages depends solely on the question whether or not defendants have been guilty of actionable negligence. Actionable negligence is the breach of a legal duty owing to the party injured. The plaintiff must show that defendants owed him a legal duty. It…
1Opinion of the CourtJustice Sanner
So far as germane to the questions involved in this appeal, the substantial allegations of the complaint are: That the defendant, a corporation, is the owner of the Tzarena lode mining claim, situate partly within and partly without the corporate limits of the city of Butte; that on July 19, 1911, there was, and for more than a year prior thereto had been, a certain shaft, about forty-five feet deep, on this property, which the defendant had negligently permitted to remain ‘ ‘ open, exposed and unprotected, without a substantial cover, or any cover whatever being placed over the same, or…
2Cases cited39 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
34 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Azure Ex Rel. Marchington v. City of BillingsMontana Supreme Court · 1979
- Autio v. MillerMontana Supreme Court · 1932
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Cashin v. Northern Pacific Railway Co.Montana Supreme Court · 1934
- Langazo v. San Joaquin Light & Power Corp.California Court of Appeal · 1939
28 more not listed; retrieve them via the Exa API.