Legal Opinion

Thurman v. Pittsburg & Montana Copper Co.

Montana Supreme Court

Decided April 18, 1910No. 2,808PublishedCited by 20 opinions

Appeal from District Court, Silver Bow County; John B. Mc-Clerna/n, Judge. Action by Court Thurman against the Pittsburg and Montana Copper Company and another. From a judgment for defendants and from an order denying a new trial, plaintiff appeals.

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Appeal from District Court, Silver Bow County; John B. Mc-Clerna/n, Judge. Action by Court Thurman against the Pittsburg and Montana Copper Company and another. From a judgment for defendants and from an order denying a new trial, plaintiff appeals. Even though the servant may be engaged in creating a plaee; even though hazards and risks may be constantly changing; or even though the servant may be engaged in “making a dangerous place safe,” the master must exercise ordinary care, and if he fails to do so, and the result of his failure in this respect. is injury to the servant, the master is…

1Opinion of the CourtChief Justice Brantly

This action was brought by plaintiff to recover damages for personal injuries received by him during the course of his employment by the defendant corporation in its mine in Silver Bow county, and while working under the direction of the defendant Ray, its foreman. The complaint alleges with much detail the circumstances surrounding the accident. It states substantially the following: That during the month of May, 1907, the plaintiff was in the employ of the defendant company as a machine man, competent to operate a compressed-air drill; that he was directed to work at a place in the mine, a…

2Cases cited11 opinions

  1. Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
  2. Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
  3. Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1910
  4. Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
  5. Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909

6 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
  2. Handley v. LombardiCalifornia Court of Appeal · 1932
  3. Stanolind Oil & Gas Co. v. BunceWyoming Supreme Court · 1936
  4. De Sandro v. Missoula Light & Water Co.Montana Supreme Court · 1913
  5. Mole v. PayneIdaho Supreme Court · 1924

15 more not listed; retrieve them via the Exa API.

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