Masich v. American Smelting & Refining Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Nick Masich against the American Smelting and Refining Company and another. Judgment for plaintiff. Defendants appeal. A master who orders his servant to use known dangerous machinery is liable for the resulting injury.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Nick Masich against the American Smelting and Refining Company and another. Judgment for plaintiff. Defendants appeal. A master who orders his servant to use known dangerous machinery is liable for the resulting injury. (16 Current Law, 822, note 40.) The giving of an order which is dangerous to execute is negligence, and the master is responsible for injuries following therefrom, though the exact injury be anticipated. (Id. 832, 833, note 78.) “Questions of negligence as well as contributory negligence are…
1Opinion of the CourtJustice Holloway
This action was brought to recover damages for personal injuries. At the conclusion of plaintiff’s ease in chief a motion for nonsuit was interposed and overruled. Defendants elected to stand upon their motion and declined to introduce any testimony. The cause was submitted to a jury, which returned a verdict for plaintiff, and judgment was rendered and entered thereon, from which judgment, and an order denying their motion for a new trial, the defendants have appealed.
Aside from a physician, who testified to the extent of plaintiff’s injury, and an insurance adjuster, who produced the…
2Cases cited3 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. LarkinTexas Supreme Court · 1904
- Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909
- Garragan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1893
3Cited by11 opinions
- Grant v. NihillMontana Supreme Court · 1922
- Burk v. Montana Power Co.Montana Supreme Court · 1927
- Fordyce Lumber Co. v. LynnSupreme Court of Arkansas · 1913
- Morelli v. Twohy Bros.Montana Supreme Court · 1918
- Commonwealth Public Service Co. v. City of Deer LodgeMontana Supreme Court · 1934
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