Hollingsworth v. Davis-Daly Estates Copper Co.
Montana Supreme Court
Appeal from District Court, Silver Bow Countyj Jeremiah J. Lynch, Judge. Action by Mamie J. Hollingsworth and others against DavisDaly Estates Copper Company and others. From a judgment in favor of plaintiffs and an order denying it a new trial, the company appeals. Where a plaintiff alleges specific acts of negligence in his complaint, he is restricted in his proof of negligence to the acts, facts and specific negligence alleged.
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Appeal from District Court, Silver Bow Countyj Jeremiah J. Lynch, Judge. Action by Mamie J. Hollingsworth and others against DavisDaly Estates Copper Company and others. From a judgment in favor of plaintiffs and an order denying it a new trial, the company appeals. Where a plaintiff alleges specific acts of negligence in his complaint, he is restricted in his proof of negligence to the acts, facts and specific negligence alleged. (Pierce v. Great Falls & Canada By., 22 Mont. 445, 56 Pac. 867; Nolan v. Montana Central By., 25 Mont. 107, 63 Pac. 926; Kelly v. Northern Pac. Ry. Co., 35 Mont.…
1Opinion of the CourtJustice Smith
This action was brought by the heirs of William Hollingsworth, Sr., against the Davis-Daly Estates Copper Company and others to recover damages for the death of William Hollingsworth, Sr., claimed to have been caused by the negligence of the defendants.
It is alleged in the complaint that the appellant company was operating the Silver King mine, in Butte, and that Hollings*148worth had been, in its employ as a stationary engineer for four or five days prior to October 3, 1906. The allegation of negligence is as follows:’“That it was the duty of the defendants, masters of William Hollingsworth,…
2Cases cited14 opinions
- Redfield v. Oakland Consolidated Street Railway Co.California Supreme Court · 1895
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
- Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Stephens v. ElliottMontana Supreme Court · 1907
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
- Mize v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1909
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Dawson v. Hill & Hill Truck LinesMontana Supreme Court · 1983
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