Nilson v. City of Kalispell
Montana Supreme Court
Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by C. N. Nilson against tbe city of Kalispell. Judgment for plaintiff. Defendant .appeals from the judgment and an order denying its motion for a new trial. Where plaintiff’s own act is the proximate cause of Ms injury, he must allege and prove facts showing that he was free from negligence. Under this rule, the trial court should have sustained defendant’s demurrer herein.
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Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by C. N. Nilson against tbe city of Kalispell. Judgment for plaintiff. Defendant .appeals from the judgment and an order denying its motion for a new trial. Where plaintiff’s own act is the proximate cause of Ms injury, he must allege and prove facts showing that he was free from negligence. Under this rule, the trial court should have sustained defendant’s demurrer herein. (Kennon v. Gilmer, 4 Mont. 433, 2 Pac. 21; Badovinac v. Northern Pac. Ry. Co., 39 Mont. 454, 104 Pac. 543; Lynes v. Northern Pac. Ry. Co., 43 Mont.…
1Opinion of the CourtJustice Holloway
On the evening of November 4,1910, while plaintiff was riding a bicycle along First street, in the city of Kalispell, he ran into an unguarded excavation, was thrown to the ground and injured. He brought this action and recovered a judgment for $3,500. The city has appealed from the judgment and from an order denying it a new trial.
There is presented to us a record of more than eighty pages, which does not contain a single exception reserved by either party. The appellant contends: (a) That the complaint does not state a cause of action; (b) that the evidence-shows that plaintiff was guilty…
2Cases cited11 opinions
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Bourke v. Butte Electric & Power Co.Montana Supreme Court · 1905
- Kennon v. GilmerMontana Supreme Court · 1882
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
- Hollenback v. Stone & Webster Engineering Corp.Montana Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gay v. Lavina State BankMontana Supreme Court · 1921
- Day v. KellyMontana Supreme Court · 1915
- Tiddy v. City of ButteMontana Supreme Court · 1937
- Michalsky v. Centennial Brewing Co.Montana Supreme Court · 1913
- Armstrong v. BillingsMontana Supreme Court · 1929
6 more not listed; retrieve them via the Exa API.