Legal Opinion

McAllister v. Rocky Fork Coal Co.

Montana Supreme Court

Decided December 1, 1904No. 1,971PublishedCited by 9 opinions

Appeal from District Court, Carbon Countyj Frank Henry, Judge. Action by James H. McAllister against the Rocky Fork Coal Company of Montana. From a judgment for plaintiff, and from an. order overruling a motion for a new trial, defendant appeals.

1Opinion of the Court

MR. COMMISSIONER OLATEERO

prepared the following opinion for the court:

Appeal from judgment against defendant, and from an order overruling a motion for a new trial.

The action was to recover damages for a personal injury-arising from the alleged negligence of defendant. The record discloses that plaintiff was employed at the time of the accident in operating a shearing machine in defendant’s coal mine; that there was supplied to operators of these machines a pump jack for raising the machines ivhen.such raising was required or necessary; that this pump jack was intended to be operated by means…

2Cases cited4 opinions

  1. Murray v. HeinzeMontana Supreme Court · 1895
  2. Childs v. PtomeyMontana Supreme Court · 1896
  3. King v. LincolnMontana Supreme Court · 1901
  4. State v. DickinsonMontana Supreme Court · 1898

3Cited by9 opinions

  1. Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
  2. Wallace v. WeaverMontana Supreme Court · 1913
  3. Ingman v. HewittMontana Supreme Court · 1938
  4. Lander v. SheehanMontana Supreme Court · 1905
  5. Bliss v. WolcottMontana Supreme Court · 1910

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