Legal Opinion

Stewart v. Stone & Webster Engineering Corp.

Montana Supreme Court

Decided November 20, 1911No. 3,010PublishedCited by 18 opinions

Appeal from District Cou/rt, Lewis and Clark County; J. Miller Smith, Judge. Action by Patrick J. Stewart against the Stone & "Webster Engineering -Corporation and another.

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Appeal from District Cou/rt, Lewis and Clark County; J. Miller Smith, Judge. Action by Patrick J. Stewart against the Stone & "Webster Engineering -Corporation and another. From a judgment for plaintiff, and from an order denying their motion for a new trial, defendants appeal. - By his election at the close of the testimony, pursuant to the -order of court, the plaintiff elected to stand on the allegation of his complaint that the signalman, the defendant, John Brown, was present giving signal, but negligently omitted to give any - signal after the skip had started on its flight, and thus…

1Opinion of the CourtJustice Holloway

The plaintiff was employed by the defendant corporation as a common laborer about its work constructing a dam across the Missouri river at Hauser Lake. Considerable excavation was being done and the earth and rock removed by means of a large skip or iron bucket. This skip when empty weighed 1,400 pounds, or thereabouts, and when filled with material, from a ton and a half to two tons. The skip was moved by means of a derrick operated by an engine. A cable was attached to the skip, run through a pulley at the upper end of the boom of the derrick, then down to the base of the boom and around…

2Cases cited21 opinions

  1. Mize v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1909
  2. Frederick v. HaleMontana Supreme Court · 1910
  3. Baxter v. RobertsCalifornia Supreme Court · 1872
  4. Stephens v. ElliottMontana Supreme Court · 1907
  5. Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903

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

3Cited by18 opinions

  1. Loudon v. ScottMontana Supreme Court · 1920
  2. Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
  3. Lackman v. SimpsonMontana Supreme Court · 1913
  4. Hill Cattle Corporation v. KillornMontana Supreme Court · 1927
  5. Burk v. Montana Power Co.Montana Supreme Court · 1927

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

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