Soyer v. Great Falls Water Co.
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Actiou for damages for death by wrongful act. Judgment was entered for defendant on nonsuit by Benton, J. Plaintiffs were as much entitled to show the condition of the ditch as to show that Soyer was killed in the ditch. (Comp. Stats., div. 5, § 642, subd. 1.) All the acts and declarations of deceased touching birth of children and his marriage were admissible, and were the best evidence of the fact. (Comp.
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Appeal from Eighth Judicial District, Cascade County. Actiou for damages for death by wrongful act. Judgment was entered for defendant on nonsuit by Benton, J. Plaintiffs were as much entitled to show the condition of the ditch as to show that Soyer was killed in the ditch. (Comp. Stats., div. 5, § 642, subd. 1.) All the acts and declarations of deceased touching birth of children and his marriage were admissible, and were the best evidence of the fact. (Comp. Stats., § 642, subd. 4, p. 227.) “ Cohabitation and public recognition of each other as man and wife is prima facie evidence of…
1Opinion of the CourtPembertON, C. J.
— This is an action for damages for personal injuries, instituted in the court below by the plaintiffs, who are the widow and minor children of Joseph Soyer, deceased.
The complaint alleges that the defendant, a corporation, was on the thirtieth day of October, 1891, the owner of and engaged in the construction of certain water mains in the city of Great Falls; that the said Joseph Soyer was employed by said company as a common day laborer in excavating and constructing the water mains and ditches of said company; that on account of the character of the ground through and in which said water…
2Cases cited3 opinions
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Castello v. LandwehrWisconsin Supreme Court · 1871
- Pennsylvania Telephone Co. v. VarnauSupreme Court of Pennsylvania · 1888
3Cited by5 opinions
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Holter Lumber Co. v. Fireman's Fund InsuranceMontana Supreme Court · 1896
- Morse v. Commissioners of Granite CountyMontana Supreme Court · 1897
- Jacobs Sultan Co. v. Union Mercantile Co.Montana Supreme Court · 1895
- Independent Harvester Co. v. AndersonSouth Dakota Supreme Court · 1921