Morelli v. Twohy Bros.
Montana Supreme Court
Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by Peter Morelli against tbe Twohy Bros. Company and another. From an order denying a hew trial after judgment of nonsuit, plaintiff appeals. Tbe trial court sustained tbe motion of defendants for nonsuit upon two grounds, as stated in his ruling, namely: That plaintiff was engaged in making a dangerous place safe, and that the foreman was a fellow-servant of plaintiff. In doing so it committed error.
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Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by Peter Morelli against tbe Twohy Bros. Company and another. From an order denying a hew trial after judgment of nonsuit, plaintiff appeals. Tbe trial court sustained tbe motion of defendants for nonsuit upon two grounds, as stated in his ruling, namely: That plaintiff was engaged in making a dangerous place safe, and that the foreman was a fellow-servant of plaintiff. In doing so it committed error. (See McAllister v. Rocky Fork Coal Co., 45 Mont. 433, 123 Pac. 696; Chicago, Milwaukee <& St. Paul Ry. Co. v. Ross, 112 U.…
1Opinion of the CourtJustice Holloway
About July 9, 1913, Peter Morelli, a workman employed by Twohy Bros. Company (a corporation) in driving a tunnel on the line of the Chicago, Milwaukee & St. Paul Railway, was injured while in the discharge of his duties. He brought this action to recover damages, but at the conclusion of his testimony the court granted a motion for nonsuit, withdrew the ease from the jury, and rendered judgment dismissing his complaint. From an order denying him a new trial, plaintiff appealed.
On motion for nonsuit every fact is deemed to be proved which [1-3] the evidence tends to establish, and if, viewed…
2Cases cited12 opinions
- Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- McLeod v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1911
- Kinsel v. North Butte Mining Co.Montana Supreme Court · 1912
- Alexander v. Great Northern Ry. Co.Montana Supreme Court · 1916
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Harrington v. H. D. Lee Mercantile Co.Montana Supreme Court · 1934
- Cosden Pipe Line Co. v. BerrySupreme Court of Oklahoma · 1922
- Johnson v. HerringMontana Supreme Court · 1931
- Grant v. NihillMontana Supreme Court · 1922
- Koerner v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
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