Kallio v. Northwestern Improvement Co.
Montana Supreme Court
Appeal from District Court, Carbon County; Sydney Fox, Judge. Action by Oscar Kallio against the Northwestern Improvement Company and another. Judgment for defendants, and plaintiff appeals. The common-law rule requires the master to exercise reasonable care in providing for the servant a reasonably safe place, and requires the master to exercise reasonable care in the way of inspection to see that the place is kept reasonably safe.
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Appeal from District Court, Carbon County; Sydney Fox, Judge. Action by Oscar Kallio against the Northwestern Improvement Company and another. Judgment for defendants, and plaintiff appeals. The common-law rule requires the master to exercise reasonable care in providing for the servant a reasonably safe place, and requires the master to exercise reasonable care in the way of inspection to see that the place is kept reasonably safe. (Allen v. Bear Creek Coal Co., 43 Mont. 269, 115 Pac. 673.) While the servant in the present instance assumed the risk of dangers which were open and obvious, he…
1Opinion of the CourtJustice Sanner
On July 12, 1911, the appellant was employed by respondent company as a coal miner in what is known as “west 5 entry, No. 2 vein, east side mine,” at Red Lodge. While loading coal *320into a car in the course of his employment, a large piece of coal, which had without his knowledge become loose in the roof or walls of the entry, fell upon and seriously injured him; hence this action. He grounds his right to recover upon the allegations that an inspection and sounding of the roof and walls would have disclosed the presence of the loose coal; that it was the duty of respondents to inspect the roof…
2Cases cited14 opinions
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Kelley v. Fourth of July Mining Co.Montana Supreme Court · 1895
- Melville v. Butte-Balaklava Copper Co.Montana Supreme Court · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Michalsky v. Centennial Brewing Co.Montana Supreme Court · 1913
- Markinovich v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
- Waller v. EngelkeMontana Supreme Court · 1987
- Jackson v. LomasMontana Supreme Court · 1921
- McInness v. Republic Coal Co.Montana Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.