Stewart v. Pittsburg & Montana Copper Co.
Montana Supreme Court
'Appeal from. District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Thomas M. Stewart against the Pittsburg and Montana Copper Company and another. Judgment for plaintiff, and defendants appeal from it and an order refusing a new trial. Error was committed in permitting plaintiff to answer the question whether he realized the danger of the place into which he was ordered by the shift boss.
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'Appeal from. District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Thomas M. Stewart against the Pittsburg and Montana Copper Company and another. Judgment for plaintiff, and defendants appeal from it and an order refusing a new trial. Error was committed in permitting plaintiff to answer the question whether he realized the danger of the place into which he was ordered by the shift boss. The question is whether a man of his experience, under similar circumstances, and with due regard for his own safety, should have realized the danger, and this was what the jury, among…
1Opinion of the CourtJustice Holloway
In May, 1908, the defendant Pittsburg & Montana Copper Company was operating the Pittsmont smelter, at Butte. Defendant Zachman was employed by the company as a shift-boss, and the plaintiff was employed as a common laborer. In the operation of the smelter it was necessary to remove the slag or refuse from the furnaces and deposit it on a dump near the smelter. The slag was taken out in large pots, placed on a truck, and the truck ordinarily propelled by electricity by means of an overhead trolley. When the truck carrying one of these pots of slag reached the place where the slag was to be…
2Cases cited5 opinions
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Stephens v. ElliottMontana Supreme Court · 1907
- Russell Creek Coal Co. v. WellsSupreme Court of Virginia · 1898
- Hollingsworth v. Davis-Daly Estates Copper Co.Montana Supreme Court · 1909
- O'Brien v. Corra-Rock Island Min. Co.Montana Supreme Court · 1909
3Cited by8 opinions
- Daniels v. Granite Bi-Metallic Con. Mining Co.Montana Supreme Court · 1919
- Ford v. DrakeMontana Supreme Court · 1912
- Michalsky v. Centennial Brewing Co.Montana Supreme Court · 1913
- McGinnis v. PhillipsMontana Supreme Court · 1922
- Sevanin v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1922
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