Williams v. Hample
Montana Supreme Court
Appeals from District Court, Silver Bow County; Edwin M. Lamb, Judge. Action by L. Y. Williams against J. E. Hample. From a judgment for plaintiff and an order denying his motion for a new trial, defendant appeals. The evidence showed the existence of contributory negligence as a matter of law barring recovery.
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Appeals from District Court, Silver Bow County; Edwin M. Lamb, Judge. Action by L. Y. Williams against J. E. Hample. From a judgment for plaintiff and an order denying his motion for a new trial, defendant appeals. The evidence showed the existence of contributory negligence as a matter of law barring recovery. We appreciate the fact that in cases of collision between automobiles and pedestrians, as well as in other actions involving elements of negligence and contributory negligence, the general rule is that these questions are for a jury to determine, but this court has also said: “Where…
1Opinion of the Court
MR. COMMISSIONER AYERS
prepared the opinion for the court.
Plaintiff seeks to recover damages for personal injuries alleged to have been caused' by the negligent driving of defendant’s automobile upon and against him, by Allen Gordon, a chauffeur of defendant, while the said Gordon was acting within the scope of his service. The defendant’s answer admits the ownership of the automobile in him, the service of Gordon, the collision of his automobile with plaintiff, the injury of plaintiff, and alleges that such injury was proximately caused by and due to the contributory fault and negligence of…
2Cases cited16 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
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- Ivy v. MarxSupreme Court of Alabama · 1920
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