Gillies v. Clarke Fork Coal Mining Co.
Montana Supreme Court
Appeal from District Court, Carbon County; Frank Henry, Judge. Action by A. P. Gillies against the Clarke Fork Coal Mining Company. From an order granting defendant a new trial, plaintiff appeals. When the granting of a new trial is regulated by statute, the statute must be pursued, and if it is not and the court grants a new trial, the order will be reversed on appeal. (Budd v. Davis, 50 Cal. 120; Anderson v. Medbery (S. D.), 92 N. W. 1087; Carr etc.
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Appeal from District Court, Carbon County; Frank Henry, Judge. Action by A. P. Gillies against the Clarke Fork Coal Mining Company. From an order granting defendant a new trial, plaintiff appeals. When the granting of a new trial is regulated by statute, the statute must be pursued, and if it is not and the court grants a new trial, the order will be reversed on appeal. (Budd v. Davis, 50 Cal. 120; Anderson v. Medbery (S. D.), 92 N. W. 1087; Carr etc. Co. v. Closser, 27 Mont. 94, 69 Pac. 560; Woodard v. Webster, 20 Mont. 279, 50 Pac. 279.) Indeed, the very fact that the statute gives a right…
1Opinion of the CourtChief Justice Brantly
delivered tbe opinion of tbe court.
This action was brought by appellant to recover damages for personal injuries alleged to have been suffered by him while in *323the employ of the defendant, through its negligence. Plaintiff is a carpenter, and, at the time he was injured, was engaged with others in the erection of an approach to a tipple at the coal mine of the defendant. It is alleged that “the said defendant, while plaintiff was in its employ as aforesaid, disregarding its duty, to furnish or provide a safe, good and secure means by which plaintiff might or could ascend or descend from said…
2Cases cited12 opinions
- Stuart v. LordCalifornia Supreme Court · 1903
- State v. SchnepelMontana Supreme Court · 1900
- Owen v. Pomona Land and Water Co.California Supreme Court · 1901
- Helena & Livingston Smelting & Reduction Co. v. LynchMontana Supreme Court · 1901
- First National Bank of Helena v. RobertsMontana Supreme Court · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wise v. StaggMontana Supreme Court · 1933
- Fournier v. CoudertMontana Supreme Court · 1906
- Kirk v. Montana Transfer Co.Montana Supreme Court · 1919
- Case v. KramerMontana Supreme Court · 1906
- Beasley v. BerryMontana Supreme Court · 1906
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