Beinhorn v. Griswold
Montana Supreme Court
Appeal from District Court, Lewis and Clarice Couniy; Henry C. Smith, Judge. Action by Ered. Beinhom against L. S. Griswold. From a judgment for plaintiff, defendant appeals. The issue is negligence. Actionable negligence is the failure to do one’s legal duly to others.
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Appeal from District Court, Lewis and Clarice Couniy; Henry C. Smith, Judge. Action by Ered. Beinhom against L. S. Griswold. From a judgment for plaintiff, defendant appeals. The issue is negligence. Actionable negligence is the failure to do one’s legal duly to others. The law declares that it is man’s duty to use such reasonable care in the use of his own property as to avoid injury to the lives or property of others'. Widely divergent facts have given great latitude to this expression “reasonable care.” It must be read in the light of the mlaxim that every man is entitled to the proper use…
1Opinion of the CourtJustice Pigott
Action to recover damages for injuries alleged to have been caused by the negligence of the defendant. The complaint states that the defendant negligenty left exposed a vat containing poisonous liquid; that hy reason of such negligence certain cattle of plaintiff and of one Holm drank from the vat some of the liquid, and died from the effects of the poison; and that Holm assigned his demand for damages to the plaintiff. The answer puts in issue the allegation of negligence, and avers that the death of the cattle was caused by the carelessness of the plaintiff and Holm. The plaintiff secured a…
2Cases cited3 opinions
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Egan v. Montana Central Railway Co.Montana Supreme Court · 1901
- Stendal v. BoydSupreme Court of Minnesota · 1897
3Cited by26 opinions
- Montague v. HansonMontana Supreme Court · 1909
- Bourke v. Butte Electric & Power Co.Montana Supreme Court · 1905
- Jonosky v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
- Herrin v. SiebenMontana Supreme Court · 1912
- Chichas v. Foley Bros. Grocery Co.Montana Supreme Court · 1925
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