Conway v. Monidah Trust
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Joseph F. Conway, Sr., against the Monidah Trust, a corporation, and others: From a judgment for plaintiff and an order denying them a new trial, defendants appeal. The custodian was guilty of contributory negligence and assumed the risk of injury to the child.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Joseph F. Conway, Sr., against the Monidah Trust, a corporation, and others: From a judgment for plaintiff and an order denying them a new trial, defendants appeal. The custodian was guilty of contributory negligence and assumed the risk of injury to the child. Such neglect on the part of the custodian, where the facts are conceded, constitutes contributory negligence and assumption of risk as a matter of law, and bars recovery. (Harrington v. Butte A. & P. By. Go., 37 Mont. 169, 174, 16 L. R. A. (n. s.) 395,…
1Opinion of the CourtJustice Holloway
On the evening of July 19, 1911, Joseph F. Conway, Jr., age seven, and his sister, age six, by consent of their parents, were taken by Wm. Maddock on to the Tzarena mining claim, owned by the Monidah Trust and located near the limits of the city of Butte. While on the claim, Joseph F. Conway, Jr., fell into an unguarded shaft and was injured. The facts of the case are detailed at length in Conway v. Monidah, Trust, 47 Mont. 269, L. R. A. 1915E, 500, 132 Pac. 26, and 51 Mont. 113, 149 Pac. 711—the ease in which the child recovered damages for his own injuries. In this action the father seeks…
2Cases cited7 opinions
- Conway v. Monidah TrustMontana Supreme Court · 1913
- Helena National Bank v. Rocky Mountain Telegraph Co.Montana Supreme Court · 1898
- Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
- Cummings v. Helena & Livingston Smelting & Reduction Co.Montana Supreme Court · 1902
- Harrington v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.
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