Monson v. La France Copper Co.

On former appeals in this cause the defendant was awarded a. new trial on the ground that the evidence was insufficient to show that its negligence was the efficient cause of the death of Monson, plaintiff’s intestate. (Monson v. La France Copper Co., 39 Mont. 50, 133 Am. St. Rep. 549, 101 Pac. 243.) This trial, had upon the same pleadings, resulted in a judgment for plaintiff. The defendant thereupon moved for a new trial, alleging as grounds therefor insufficiency of the evidence to-justify the verdict, and errors occurring during the trial by which defendant suffered prejudice. The court…