Michalsky v. Centennial Brewing Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. Miller Smith, Judge of the First Judicial District, presiding. Action by Paul Michalsky against the Centennial Brewing Company, a corporation, and another. From a judgment for plaintiff and an order denying them a new trial, defendants appeal. If dangers are obvious (and plaintiff so. alleges), -the law charges knowledge. The law does not require warning from the master where the dangers are obvious.
Read the full summary
Appeal from District Court, Silver Bow County; J. Miller Smith, Judge of the First Judicial District, presiding. Action by Paul Michalsky against the Centennial Brewing Company, a corporation, and another. From a judgment for plaintiff and an order denying them a new trial, defendants appeal. If dangers are obvious (and plaintiff so. alleges), -the law charges knowledge. The law does not require warning from the master where the dangers are obvious. It is the law that if danger be obvious, one may not excuse his own neglect by claiming he was forgetful or absorbed. “If the servant is…
1Opinion of the CourtJustice Sanner
The respondent, Paul Michalsky, suffered personal injuries while in the employ of the appellant brewing company and brought this action to recover for the same. As detailed in the last amended complaint, the place of the accident and the manner of its happening are as follows: Near the southeast corner of the company’s main building there was a platform from which the delivery wagons were loaded. This platform was about two and a half feet above the floor upon which the kegs or barrels of beer were placed for loading, and the kegs were raised from the floor to the platform by means of a lift.…
2Cases cited19 opinions
- Montague v. HansonMontana Supreme Court · 1909
- Conway v. Monidah TrustMontana Supreme Court · 1913
- Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906
- Stephens v. ElliottMontana Supreme Court · 1907
- Cummings v. Helena & Livingston Smelting & Reduction Co.Montana Supreme Court · 1902
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. BrooksCourt of Appeals for the Fourth Circuit · 1949
- Burns v. EmingerMontana Supreme Court · 1929
- In Re the Marriage of CrillyMontana Supreme Court · 2005
- State Ex Rel. Nagle v. NaughtonMontana Supreme Court · 1936
- Koerner v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
5 more not listed; retrieve them via the Exa API.