Titus v. Anaconda Copper Min. Co.
Montana Supreme Court
Appeal from District Court, Ravalli County; R. Lee McCullough, Judge. Action by Ezra D. Titus against tbe Anaconda Copper Mining Company. From a judgment for plaintiff and from an order denying it a new trial, defendant appeals.
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Appeal from District Court, Ravalli County; R. Lee McCullough, Judge. Action by Ezra D. Titus against tbe Anaconda Copper Mining Company. From a judgment for plaintiff and from an order denying it a new trial, defendant appeals. The complaint is ambiguous, unintelligible and uncertain in that the cause of the injury cannot be determined therefrom, whether it was due to the defective condition of the engine, of which plaintiff alleges full knowledge, or whether it was due to the fact that the foreman or his associate engineer had told him that there was nothing the matter with the engine,…
1Opinion of the CourtJustice Holloway
The plaintiff was employed by the defendant company as a stationary engineer, and while in the discharge of his duties was injured. He brought this action to recover damages. In his complaint he describes somewhat minutely certain working parts of the engine, and alleges that a bracket which supported a valve-rod, on the end of which rod was a clutch designed to engage and raise the dash-pot rod, had been broken; that it had been repaired and kept in use until it became loose, rickety, unstable and failed properly to perform its function, with the result that the valve-rod and clutch, no…
2Cases cited6 opinions
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Dow v. Sunset Telephone & Telegraph Co.California Supreme Court · 1910
- Limberg v. Glenwood Lumber Co.California Supreme Court · 1899
- Pullen v. City of ButteMontana Supreme Court · 1912
- Toone v. J. P. O'neill Construction Co.Utah Supreme Court · 1912
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3Cited by5 opinions
- Merle H. Johnson, Administrator of the Estate of Stanley Matt Johnson v. United States of America, Merle H. Johnson v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- Johnson v. United StatesDistrict Court, D. Montana · 1958
- Pascoe v. NelsonMontana Supreme Court · 1916
- Roberts v. OechsliMontana Supreme Court · 1918
- O'Brien v. Las Vegas & T. R. Co.Court of Appeals for the Ninth Circuit · 1917