Reino v. Montana Mineral Land Development Co.
Montana Supreme Court
Appeal from District Court, Jefferson County; Lew L. Calla-way, Judge. Action by Abraham Reino against the Montana Mineral Land Development Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Appellant’s contention that there is no issue of fact in the record on the question of negligence of appellant is without merit.
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Appeal from District Court, Jefferson County; Lew L. Calla-way, Judge. Action by Abraham Reino against the Montana Mineral Land Development Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Appellant’s contention that there is no issue of fact in the record on the question of negligence of appellant is without merit. In a case of this character, it is sufficient if, upon all the evidence, it appears that, while the plaintiff was below in a place of danger, the defendant or its engineer changed the ordinary or usual conditions of things whereby the…
1Opinion of the CourtJustice Holloway
This is an action for damages for personal injuries. The plaintiff recovered judgment and the defendant appeals from the judgment and from an order denying it a new trial. At the close of plaintiff’s case the defendant moved for a nonsuit, which was denied, and this ruling is specified as error.
1. The plaintiff testified that he was working for the defendant as a miner in a double-compartment inclined shaft, eighty-five feet deep; that a bucket was used to hoist waste, the bucket being raised and lowered by a stationary engine near the mouth of the shaft. It appears that a cable was attached…
2Cases cited4 opinions
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Anderson v. Northern Pacific Ry. Co.Montana Supreme Court · 1906
- Fearon v. MullinsMontana Supreme Court · 1907
- Rysdorp v. George Pankratz Lumber Co.Wisconsin Supreme Court · 1897
3Cited by24 opinions
- Thayer v. HicksMontana Supreme Court · 1990
- Nehring v. LaCounteMontana Supreme Court · 1986
- Loudon v. ScottMontana Supreme Court · 1920
- Deeds v. United StatesDistrict Court, D. Montana · 1969
- Mize v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1909
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