Stephens v. Elliott
Montana Supreme Court
Appeal from District Court, Madison County; Lew L. Calla-way, Judge. Action by Ed. Stephens against Hugh Elliott. From a judgment for plaintiff and from an order denying him a new trial, defendant appeals. When, plaintiff’s evidence shows, beyond question, that his own omission to use ordinary care contributed immediately to, or itself caused the injury, a nonsuit should be granted.
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Appeal from District Court, Madison County; Lew L. Calla-way, Judge. Action by Ed. Stephens against Hugh Elliott. From a judgment for plaintiff and from an order denying him a new trial, defendant appeals. When, plaintiff’s evidence shows, beyond question, that his own omission to use ordinary care contributed immediately to, or itself caused the injury, a nonsuit should be granted. (Cummings v. Helena Where the accident may have arisen from a variety of causes, and any one of which is equally probable, and some of which may be due to defendant’s default, while others are due to influences…
1Opinion of the CourtJustice Holloway
This is an action for damages for personal injuries. The plaintiff was employed by the defendant to work in Madison county. Soon after his employment he was.set to work running a whim, used for hoisting ore from the Lehigh mine, owned and operated by the defendant near Norris. On May 6, 1905, while engaged in this business, the plaintiff was injured, and he brought this action to recover damages. The jury returned a verdict in his favor for $2,500, and from the judgment entered on the verdict and from an order denying him a new trial the defendant has appealed.
At the close of plaintiff’s…
2Cases cited15 opinions
- Lincoln v. PowerSupreme Court of the United States · 1894
- Swift & Co. v. RutkowskiIllinois Supreme Court · 1899
- Baxter v. RobertsCalifornia Supreme Court · 1872
- Nelson v. Branford Lighting & Water Co.Supreme Court of Connecticut · 1903
- Kennon v. GilmerMontana Supreme Court · 1882
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3Cited by33 opinions
- Autio v. MillerMontana Supreme Court · 1932
- McNair v. BergerMontana Supreme Court · 1932
- Daniels v. Granite Bi-Metallic Con. Mining Co.Montana Supreme Court · 1919
- Hollingsworth v. Davis-Daly Estates Copper Co.Montana Supreme Court · 1909
- Wright v. BrooksMontana Supreme Court · 1913
28 more not listed; retrieve them via the Exa API.