Storm v. City of Butte
Montana Supreme Court
Appeal from District Court Silver Bow County; John B. Mc-Clernan, Judge. Action by Martha Storm against the city of Butte. From a judgment for plaintiff and from an order denying it a new trial, defendant city appeals. Statement op the Case, by the Justice Delivering the Opinion. This is an action for damages for personal injuries alleged to have been received by the plaintiff, Martha Storm.
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Appeal from District Court Silver Bow County; John B. Mc-Clernan, Judge. Action by Martha Storm against the city of Butte. From a judgment for plaintiff and from an order denying it a new trial, defendant city appeals. Statement op the Case, by the Justice Delivering the Opinion. This is an action for damages for personal injuries alleged to have been received by the plaintiff, Martha Storm. The complaint, among other things, charges: “That on or about the twenty-seventh day of December, 1901, and for some time prior thereto, congealed snow and ice to the depth of several inches were by the…
1Opinion of the CourtJustice Holloway
1. The first contention of appellant is that the complaint does not state a cause -of action; and we may readily agree with counsel that it is necessary for the complaint to show actionable negligence on the'part of the city, and to show the causal connection between the negligence alleged and the injury of which complaint is made. It is directly alleged that the city negligently permitted snow and ice to accumulate on the sidewalk at the point where the injury occurred, to the depth of several inches, and that this snow and ice, by reason of persons passing over it, and other causes, became…
2Cases cited7 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Cook v. City of MilwaukeeWisconsin Supreme Court · 1869
- Henkes v. City of MinneapolisSupreme Court of Minnesota · 1890
- Huston v. City of Council BluffsSupreme Court of Iowa · 1897
- Broburg v. City of Des MoinesSupreme Court of Iowa · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Yergy v. Helena Light & Railway Co.Montana Supreme Court · 1909
- City of Linton v. JonesIndiana Court of Appeals · 1921
- State Ex Rel. Mueller v. ToddMontana Supreme Court · 1945
- Childers v. DeschampsMontana Supreme Court · 1930
- Townsend v. City of ButteMontana Supreme Court · 1910
9 more not listed; retrieve them via the Exa API.