Killeen v. Barnes-King Development Co.
Montana Supreme Court
Appeal from District Court, Fergus Countyj E. K. Cheadle, Judge. Action by M. Killeen against the Barnes-King Development Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. That plaintiff assumed the risk incident to his employment, see Fotheringill v. Washoe Copper Co., 43 Mont. 485, 117 Pac. 86; Butler v. Frazee, 211 U. S. 459, 53 L. Ed. 281, 29 Sup. Ct.
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Appeal from District Court, Fergus Countyj E. K. Cheadle, Judge. Action by M. Killeen against the Barnes-King Development Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. That plaintiff assumed the risk incident to his employment, see Fotheringill v. Washoe Copper Co., 43 Mont. 485, 117 Pac. 86; Butler v. Frazee, 211 U. S. 459, 53 L. Ed. 281, 29 Sup. Ct. Rep. 136; Mayor v. Queen City Lumber Co., 64 Wash. 567, 117 Pae. 392. The fact that the plaintiff testified at the trial: “I thought it would be safe,” “I didn't know it was unsafe,” cannot, in the…
1Opinion of the CourtJustice Holloway
This action was brought to recover damages for injuries received by plaintiff while working as a miner for the defendant at Kendall, Montana. He recovered, and defendant appealed from the judgment and from an order denying it a new trial.
The plaintiff and two other men, constituting a shift, were engaged in sinking a prospect shaft which at the time of the accident was about 35 feet deep. The debris from the bottom of the shaft was raised by means of a windlass, rope and bucket. The collar of the shaft was boarded over, except that a space about four feet square was left through which the…
2Cases cited15 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
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- Williams v. SorensonMontana Supreme Court · 1938