Legal Opinion

Kelly v. City of Butte

Montana Supreme Court

Decided June 17, 1911No. 2,986PublishedCited by 5 opinions

Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by James P. Kelly against the City of Butte. From an order granting plaintiff’s motion for a new trial, defendant appeals.

1Opinion of the CourtChief Justice Brantly

This action was brought by the plaintiff to recover damages for personal injuries alleged to have been occasioned by the negligence of defendant in permitting a sidewalk upon one of its principal streets along which plaintiff was traveling to be in a sunken, slanting, and sloping condition, and in permitting snow and ice to accumulate and remain thereon in “a heaped-up, rough, rounded, uneven, sloping and slanting condition, rendering the same unsafe and dangerous,” thus causing the plaintiff to slip and fall. There was a verdict and judgment for the defendant. The appeal is by the defendant…

2Cases cited3 opinions

  1. State v. SchnepelMontana Supreme Court · 1900
  2. Copenhaver v. Northern Pacific Railway Co.Montana Supreme Court · 1911
  3. Welch v. NicholsMontana Supreme Court · 1910

3Cited by5 opinions

  1. Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
  2. Gardiner v. Eclipse Grocery Co.Montana Supreme Court · 1925
  3. Norton v. Great Northern Railway Co.Montana Supreme Court · 1927
  4. Fadden v. Butte Miners' Union No. 1Montana Supreme Court · 1914
  5. Slater v. Bright Hotel Co.Montana Supreme Court · 1921

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