Mize v. Rocky Mountain Bell Telephone Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; Henry L. Myers, Judge, presiding. Action by Georgie Mize, as administratrix of John Mize, deceased, against the Rocky Mountain Bell Telephone Company and the Gallatin Light, Power and Bailway Company. From a judgment for plaintiff and from an order denying them a new trial, defendants appeal.
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Appeal from District Court, Gallatin County; Henry L. Myers, Judge, presiding. Action by Georgie Mize, as administratrix of John Mize, deceased, against the Rocky Mountain Bell Telephone Company and the Gallatin Light, Power and Bailway Company. From a judgment for plaintiff and from an order denying them a new trial, defendants appeal. The Bocky Mountain Bell Telephone Company was not in the control of, nor was it managing or supervising, the wire in question here; there was therefore no duty in and about the same owing by it to respondent’s intestate. An action for injury to person or…
1Opinion of the CourtJustice Holloway
On May 20, 1907, and for some time prior thereto, the defendants Rocky Mountain Bell Telephone Company, hereinafter referred to as the “Bell company,” maintained a telephone exchange in Bozeman, and owned and maintained pole lines in various streets and alleys and had wires suspended from such poles, as a part of its telephone system. At all such times the Gallatin Light, Power and Railway Company, hereinafter referred to as the “Light Company,” owned and operated an electric light and power plant, and, as a part' of its plant, it owned ánd maintained certain pole lines in the streets and…
2Cases cited29 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Harrison v. Sutter Street RailwayCalifornia Supreme Court · 1897
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Western Union Telegraph Co. v. State ex rel. NelsonCourt of Appeals of Maryland · 1896
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3Cited by49 opinions
- McNair v. BergerMontana Supreme Court · 1932
- Deeds v. United StatesDistrict Court, D. Montana · 1969
- Swanson v. Champion International Corp.Montana Supreme Court · 1982
- In Re the Complaint of Sincere Navigation Corp.District Court, E.D. Louisiana · 1971
- Frederick v. HaleMontana Supreme Court · 1910
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