Fagan v. Silver
Montana Supreme Court
Appeal from District Court, Silver Bow County in the Second Judicial District; George B. Winston, Judge for the Third District, presiding. Action by William F. Fagan against Joseph Silver and others. From a judgment for plaintiff, and from order denying a new trial, defendant Silver appeals. The contract in this case was to do a lawful thing, which, if done in a proper manner, would be reasonably safe for the owners of property in the neighborhood.
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Appeal from District Court, Silver Bow County in the Second Judicial District; George B. Winston, Judge for the Third District, presiding. Action by William F. Fagan against Joseph Silver and others. From a judgment for plaintiff, and from order denying a new trial, defendant Silver appeals. The contract in this case was to do a lawful thing, which, if done in a proper manner, would be reasonably safe for the owners of property in the neighborhood. If it was not so done, no liability attaches to appellant. (Ferguson v. Hubbell, 97 N. Y. 507,. 49 Am. Rep. 544; Wabash eto. By. Co. v. Farver,…
1Opinion of the CourtJustice Matthews
This action was commenced against Silver and others to enjoin the operation of a stone quarry and rock-crusher in a residential portion of the city of Butte. The cause was tried to the court without.a jury, and resulted in judgment for respondent and the issuance of a permanent injunction against Silver and one William Mackey; motion was made for a new trial and denied, and appeal taken by Silver alone from the judgment and from the order denying the motion for a new trial.
While there are a number of specifications of error, the whole question presented thereby is as to whether the evidence…
2Cases cited4 opinions
- Longtin v. PersellMontana Supreme Court · 1904
- A. M. Holter Hardware Co. v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1915
- McCarrier v. HollisterSouth Dakota Supreme Court · 1902
- Robinson v. SmithNew York Supreme Court · 1889
3Cited by9 opinions
- Benton v. KernanNew Jersey Superior Court Appellate Division · 1941
- Neyman v. PincusMontana Supreme Court · 1928
- Larson-Murphy v. SteinerMontana Supreme Court · 2000
- Benton v. KernanNew Jersey Court of Chancery · 1940
- Green v. Asher Coal Mining CompanyCourt of Appeals of Kentucky (pre-1976) · 1964
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