Nelson v. City of Helena
Montana Supreme Court
Appeal from First Judicial District, Lewis and Cla/rT&e County. Action for damages for personal injuries. Defendant had judgment below. Plaintiff’s motion for a new trial was denied by Buck, J. Statement of the case by the justice delivering the opinion.
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Appeal from First Judicial District, Lewis and Cla/rT&e County. Action for damages for personal injuries. Defendant had judgment below. Plaintiff’s motion for a new trial was denied by Buck, J. Statement of the case by the justice delivering the opinion. This is an action brought by the plaintiff to recover damages for personal injuries sustained by reason of his falling upon one of the sidewalks of defendant, it being alleged that the injury occurred by reason of the defendant’s negligence in allowing ice to accumulate upon said sidewalk. Upon a trial to a jury a verdict was rendered, and…
1Opinion of the CourtDe Witt, J.
It is the law of this jurisdiction that, in actions for damages for personal injuries, contributory negligence is a matter of defense, and that the absence of contributory negligence is not required to be proved by plaintiff, as part of his case. There is some diversity among courts of last resort as to whether contributory negligence is a matter of defense, or whether plaintiff should allege and prove himself to be free from such contributory negligence. But that question has been long at rest in this court. It is the doctrine of this jurisdiction that contributory negligence is a matter of…
2Cases cited3 opinions
- Kennon v. GilmerMontana Supreme Court · 1882
- Higley v. GilmerMontana Supreme Court · 1878
- Wall v. Helena Street Railway Co.Montana Supreme Court · 1892
3Cited by24 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Montague v. HansonMontana Supreme Court · 1909
- Conway v. Monidah TrustMontana Supreme Court · 1913
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
- George v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
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