Byrnes v. Butte Brewing Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Thomas Y. Byrnes, by Thomas Byrnes, his guardian ad litem, against the Butte Brewing Company. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. The facts in this case demonstrate that Walsh, as a matter of law, failed to keep a proper lookout.as charged in the complaint.
Read the full summary
Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Thomas Y. Byrnes, by Thomas Byrnes, his guardian ad litem, against the Butte Brewing Company. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. The facts in this case demonstrate that Walsh, as a matter of law, failed to keep a proper lookout.as charged in the complaint. All of them appearing conclusively in the record of this case, both by the evidence introduced by the defendant as well as the plaintiff, and there not being a single fact introduced in evidence from…
1Opinion of the CourtJustice Smith
The complaint charges that the plaintiff, a boy about four years of age, was injured by being run over by a beer wagon belonging to the .defendant corporation, driven by Michael Walsh, its employee. Quoting: “The said Michael Walsh, then and there, at said time and place, without heeding in what manner the team was traveling upon the street, and without having in his hands the reins with which to guide said team, and without observing a proper or any lookout ahead, did thereby negligently and carelessly suffer and permit the said team to approach and run down the plaintiff and the wagon to…
2Cases cited17 opinions
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Kromer v. FridayWashington Supreme Court · 1895
- Barnard v. BarnardIllinois Supreme Court · 1886
- Boerum v. . SchenckNew York Court of Appeals · 1869
- Glade Coal Mining Co. v. HarrisWest Virginia Supreme Court · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Jackson v. William Dingwall CompanyMontana Supreme Court · 1965
- Haden v. EavesNew Mexico Supreme Court · 1950
- Richards v. NeaultSupreme Judicial Court of Maine · 1926
- Scheytt v. Gallatin Valley Milling Co.Montana Supreme Court · 1918
6 more not listed; retrieve them via the Exa API.