Jorgenson v. Butte & Montana Commercial Co.
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Action for personal injuries. The cause was tried before Benton, J., who directed a verdict for defendant. I. It was error for the trial court to allow respondent to amend its amended answer while the jury was being impaneled. Respondent filed no affidavit, showed no cause for amending, gave no notice to the adverse party, and no terms were imposed as a condition therefor. (Code Civ.
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Appeal from Eighth Judicial District, Cascade County. Action for personal injuries. The cause was tried before Benton, J., who directed a verdict for defendant. I. It was error for the trial court to allow respondent to amend its amended answer while the jury was being impaneled. Respondent filed no affidavit, showed no cause for amending, gave no notice to the adverse party, and no terms were imposed as a condition therefor. (Code Civ. Proc., § 116; Hayden v. Hayden, 46 Cal. 333; Canfield v. Bates, 13 Cal. 606; Martin v. Thompson, 62 Cal. 622; 45 Am. Rep. 663; Howe v. Independence Co., 29…
1Opinion of the CourtPemberton, C. J.
This is a suit for damages for personal injuries. The appellant, who was plaintiff below, alleges in his complaint that he is a skilled carpenter; that on March 5, 1891, he was employed by respondent to work on its mill at Great Falls; that on the twentieth day of March, 1891, while *290engaged at work handling heavy plank on the third story of respondent’s said mill, he fell to the floor below, breaking his leg; that his fall, by which he was so injured, was caused by the iucompetency, lack of skill and knowledge, of one Harlander, a colaborer, who was engaged in assisting him in his work; that…
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