Legal Opinion

Forquer v. Slater Brick Co.

Montana Supreme Court

Decided October 24, 1908No. 2,518PublishedCited by 20 opinions

Appeal from District Court, Yellowstone County; Sydney Fox, Judge. Action by Claud Earl Forquer, a minor, by C. F. Forquer, bis guardian ad litem, against tbe Slater Brick Company. Judgment for plaintiff, and defendant appeals from tbe judgment and an order denying it a new trial.

Read the full summary

Appeal from District Court, Yellowstone County; Sydney Fox, Judge. Action by Claud Earl Forquer, a minor, by C. F. Forquer, bis guardian ad litem, against tbe Slater Brick Company. Judgment for plaintiff, and defendant appeals from tbe judgment and an order denying it a new trial. Before negligence can be imputed to tbe appellant in not having tbe knives of tbe pugmill in question guarded, some evidence must be submitted tbat it is usual or customary to box them, or at least tbat it is practicable to do so. (Mississippi B. L. Co. v. Schneider, 74 Fed. 195-200, 20 C. C. A. 390.) "When tbe…

1Opinion of the CourtJustice Smith

This action was brought in the district court of Yellowstone county to recover damages for personal injuries suffered by the *433respondent, due, as it is claimed, to the negligence of the appellant.

Plaintiff alleges in his complaint, among other things, as follows: “That on or about the sixteenth day of August, 1906, he was in the employ of defendant at a certain brickyard, in or near the city of Billings, and that the duties of his said employment were to throw.in and out of gear, by means of a lever, a certain lugging machine used in the manufacture of brick in said yard, and to oil said…

2Cases cited45 opinions

  1. Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
  2. Powers v. HarlowMichigan Supreme Court · 1884
  3. Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
  4. Titus v. Bradford etc. R., Pennsylvania Court of Common Pleas, McKean County1890
  5. Buckley v. Gutta Percha & Rubber Manufacturing Co.New York Court of Appeals · 1889

40 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909
  2. Hollingsworth v. Davis-Daly Estates Copper Co.Montana Supreme Court · 1909
  3. Forquer v. NorthMontana Supreme Court · 1910
  4. Surman v. CruseMontana Supreme Court · 1920
  5. O'Brien v. Corra-Rock Island Min. Co.Montana Supreme Court · 1909

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API