Sanderson v. Billings Water Power Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County. George P. Milburn, Judge. Action by Charles Sanderson against the Billings Water Power Company for personal injuries. Judgment for plaintiff, and defendant appeals. Statement of the case by the justice delivering the opinion. This was an action, brought by respondent (plaintiff below) against appellant (defendant below) for personal injuries. The pleadings were a complaint, answer and replication.
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Appeal from District Court, Yellowstone County. George P. Milburn, Judge. Action by Charles Sanderson against the Billings Water Power Company for personal injuries. Judgment for plaintiff, and defendant appeals. Statement of the case by the justice delivering the opinion. This was an action, brought by respondent (plaintiff below) against appellant (defendant below) for personal injuries. The pleadings were a complaint, answer and replication. A trial resulted in a verdict and judgment for plaintiff for $2,500 damages. An appeal was taken from an order denying a motion for a new trial and…
1Opinion of the CourtBuck, J.
Appellant insists that the complaint in this action does not state facts sufficient to constitute a cause of action, and hence does not support the judgment. His counsel suggests in support of this only ambiguities and uncertainties in the averments of the pleading. The record fails to disclose that a demurrer was interposed to the complaint on any ground whatsoever, and by- answering appellant has waived the right to object to any such defects, if they exist. The complaint, in our opinion, states a cause of action.
We are also asked to examine certain instructions given by the lower court,…
2Cases cited3 opinions
- State v. BlackMontana Supreme Court · 1894
- Missoula Electric Light Co. v. MorganMontana Supreme Court · 1893
- Kleinschmidt v. McDermottMontana Supreme Court · 1892
3Cited by1 opinion
- Missouri Pacific Railway Co. v. PhelpsCourt of Appeals of Kansas · 1900