Legal Opinion

Hardesty v. Largey Lumber Co.

Montana Supreme Court

Decided April 30, 1906No. 2,246Published

Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Action by John M. Hardesty against the Largey Lumber Company. Judgment for plaintiff. Defendant appeals from the judgment and an order denying it a new trial. It was not the duty of defendant to use reasonable care to provide plaintiff with a safe place to work, where the prosecution of the work itself, the construction of the mill, made the place, and created its attending dangers.

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Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Action by John M. Hardesty against the Largey Lumber Company. Judgment for plaintiff. Defendant appeals from the judgment and an order denying it a new trial. It was not the duty of defendant to use reasonable care to provide plaintiff with a safe place to work, where the prosecution of the work itself, the construction of the mill, made the place, and created its attending dangers. (Davis v. Trade Dollar C. M. Co., 117 Fed. 122, 54 C. C. A. 636; Shaw v. New Year Gold M. Co., 31 Mont. 138, 77 Pac. 515; O’Connell v. Clark,…

1Opinion

On Rehearing.

2Opinion of the CourtJustice Holloway

After the opinion in this case was delivered, appellant filed a motion for a rehearing, in support of which it was earnestly urged that this court had not considered sufficiently its objections to three instructions given by the trial court embodying *161the provisions of sections 2660, 2661 and 2662 of the Civil Code. On account of the importance of the question presented, a rehearing was ordered with respect to the matter particularly urged. The order granting the rehearing limited further argument to the question: Are sections 2660 and 2661 of the Civil Code applicable to a…

3Cases cited26 opinions

  1. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  2. Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
  3. Beeson v. Green Mountain Gold Mining Co.California Supreme Court · 1880
  4. Ell v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
  5. Fresno Canal & Irrigation Co. v. WarnerCalifornia Supreme Court · 1887

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