Legal Opinion

Smith v. Zimmer

Montana Supreme Court

Decided March 4, 1912No. 3,070PublishedCited by 20 opinions

Appeal from Distñct Court, Lewis and, Clark County; J. Miller Smith, Judge. ActioN by G-. W. Smith against Henry Zimmer, road supervisor, and Joseph J. Hindson et at., commissioners of Lewis and Clark county. From a judgment in favor of defendants, plaintiff appeals. Statement of the Case by the Justice Delivering the Opinion. Action for damages for a personal injury.

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Appeal from Distñct Court, Lewis and, Clark County; J. Miller Smith, Judge. ActioN by G-. W. Smith against Henry Zimmer, road supervisor, and Joseph J. Hindson et at., commissioners of Lewis and Clark county. From a judgment in favor of defendants, plaintiff appeals. Statement of the Case by the Justice Delivering the Opinion. Action for damages for a personal injury. During the year 1909 and up to the time that this action was commenced, the defendants Hindson, Richardson and one Moses F. Root were the commissioners of Lewis and Clark county. Moses F. Root, made one of the original…

1Opinion of the CourtChief Justice Brantly

The evidence discloses the following: The accident occurred on October 11, 1909, near the point where the road crosses Elk creek by a steel or iron bridge. As it approaches the bridge, the road extends along the shore of the stream only a few feet away. It is upon a grade two and a half or three feet above the level of the natural surface. At the bridge it turns at a right angle. In the grade was a culvert, constructed so as to allow the passage of water into Elk creek through a coulee which the road crosses. On the side toward the stream between the culvert and the bridge, the grade, except…

2Cases cited25 opinions

  1. Robinson v. . ChamberlainNew York Court of Appeals · 1866
  2. County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
  3. Grider v. TallySupreme Court of Alabama · 1884
  4. Hover v. BarkhoofCommission of Appeals · 1870
  5. Mattson v. AstoriaOregon Supreme Court · 1901

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3Cited by20 opinions

  1. Ulmen v. SchwiegerMontana Supreme Court · 1932
  2. Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
  3. Hale v. JohnstonTennessee Supreme Court · 1918
  4. Kostbade v. MetierMontana Supreme Court · 1967
  5. Lucas v. StateCourt of Appeals of Tennessee · 2004

15 more not listed; retrieve them via the Exa API.

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