Pascoe v. Nelson
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Arthur Pascoe against George Nelson and Hans Pederson, copartners, doing business as Nelson & Pederson, and another. Judgment'for plaintiff and defendants appeal from it and an order denying them a new trial.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Arthur Pascoe against George Nelson and Hans Pederson, copartners, doing business as Nelson & Pederson, and another. Judgment'for plaintiff and defendants appeal from it and an order denying them a new trial. By the evidence the plaintiff had shown prima fade that he was guilty of contributory negligence; and when plaintiff’s own ease in an action for damages on account of personal injuries presents evidence which shows this, he cannot recover, unless further evidence be produced exculpating him. (Harrington v.…
1Opinion of the CourtJustice Holloway
In an action for damages for personal injuries, plaintiff recovered a judgment for $250, and defendants appealed. It is insisted that plaintiff’s own testimony discloses contributory negligence on his part in riding upon a freight elevator in violation of a rule promulgated by his employers. The plaintiff [1] testified that he was ordered on the elevator by the foreman and vice-principal of his employers, and, assuming that the jury accepted this statement as true, then, in the absence of any showing that the danger was apparent and so great that no reasonably prudent man would venture into…
2Cases cited4 opinions
- O'Brien v. Corra-Rock Island Min. Co.Montana Supreme Court · 1909
- Beller v. Le BoeufMontana Supreme Court · 1915
- Middlefork Cattle Co. v. ToddMontana Supreme Court · 1914
- Titus v. Anaconda Copper Min. Co.Montana Supreme Court · 1913
3Cited by13 opinions
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Batchoff v. CraneyMontana Supreme Court · 1946
- Hayward v. Richardson Construction CompanyMontana Supreme Court · 1959
- State v. LaughlinMontana Supreme Court · 1937
- Clark v. PiccilloNew Jersey Superior Court Appellate Division · 1962
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