Johnson v. Boston & Montana Consolidated Copper & Silver Mining Co.
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Action for damages for causing the death of plaintiff’s intestate. The case was tried before McHatton, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion.
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Appeal from Second Judicial District, Silver Bow County. Action for damages for causing the death of plaintiff’s intestate. The case was tried before McHatton, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. This is an action by Charles M. Johnson, as administrator of the estate of William O’Connor, deceased, against the Boston & Montana Consolidated Copper and Silver Mining Company, a corporation operating mines at Butte, to recover damages for the alleged negligence in using a boiler, which exploded in November, 1888, and killed the plaintiff’s…
1Opinion of the CourtHunt, J.
-The
specifications of errors which we will consider, as they relate to the issues before us by the record, are, substantially: (1) Was the boiler which exploded and killed plaintiff’s intestate defective and unsafe for the uses and purposes to which it was put by defendant ? (2) If it was unsafe or defective, was such condition patent or latent, and did defendant know of such defect or unsafety, or ought it, in the exercise of ordinary care and prudence, to have known of such *172defect or unsafe’ condition ? (3) Did defendant use that degree of care required in furnishing and using the boiler…
Also in this document: Concurrence.
2Cases cited8 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Carlson v. Phoenix Bridge Co.New York Court of Appeals · 1892
- Wilson v. Willimantic Linen Co.Supreme Court of Connecticut · 1883
- Diamond v. Northern Pac. R. Co.Montana Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cummings v. Reins Copper Co.Montana Supreme Court · 1910
- Brown v. Columbia Amusement Co.Montana Supreme Court · 1931
- Melville v. Butte-Balaklava Copper Co.Montana Supreme Court · 1913
- Cameron v. Kenyon-Connell Commercial Co.Montana Supreme Court · 1899
- Cannon v. LewisMontana Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.