Bourke v. Butte Electric & Power Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; Henry C. Smith, Judge. Action by Martin Bonrke against the Butte Electric and Power Co. and George T. Aiken. Judgment was entered in favor 'of plaintiff. From the judgment and from an order denying them a new trial, defendants appeal.
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Appeal from District Court, Lewis and Clark County; Henry C. Smith, Judge. Action by Martin Bonrke against the Butte Electric and Power Co. and George T. Aiken. Judgment was entered in favor 'of plaintiff. From the judgment and from an order denying them a new trial, defendants appeal. In order to maintain an action for negligent injury, it must appear that there was a legal duty due from the person inflicting the injury to the person on whom it was inflicted, and that such duty was violated by a want of ordinary care on the part of defendant. (KaTú v. Love, 37 N. J. L. 5; Lawson on Rights,…
1Opinion of the CourtJustice Holloway
1. The cause was apparently tried upon the theory that there was an issue raised by the pleadings as to whether the wire which caused' the injury to plaintiff was placed in a position before the trestle upon which plaintiff was at work was erected. The most casual reading of the pleadings wiE show at once that there was not any issue upon this question at all. The complaint in paragraph Y above, in plain and unmistakable language, charges that the defendants on or about the 1st day of May, 1902, hung this wire, charged with an electric current of two thousand five hundred volts, over and…
2Cases cited17 opinions
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Denver Consolidated Electric Co. v. SimpsonSupreme Court of Colorado · 1895
- City Electric Street Railway Co. v. ConerySupreme Court of Arkansas · 1895
- Denver Consolidated Electric Co. v. LawrenceSupreme Court of Colorado · 1903
12 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Fulton v. Chouteau County Farmers' Co.Montana Supreme Court · 1934
- Staff v. Montana Petroleum Co.Montana Supreme Court · 1930
- Johnson v. MurrayMontana Supreme Court · 1982
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
34 more not listed; retrieve them via the Exa API.