Fotheringill v. Washoe Copper Co.
Montana Supreme Court
Appeal from District Court, Carbon County; Sydney Fox, Judge. Action by R. Foth.erin.gill against the Washoe Copper Company and another. From a judgment for defendants and an order denying him a new trial, plaintiff appeals.
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Appeal from District Court, Carbon County; Sydney Fox, Judge. Action by R. Foth.erin.gill against the Washoe Copper Company and another. From a judgment for defendants and an order denying him a new trial, plaintiff appeals. The general doctrine of assumption of risk as it involves risks arising from the negligence of the master himself, one who multiplies the dangers of hazardous occupations by the reckless manner in which he conducts his business, is the subject of the severest criticism by enlightened modern law-writers. (See 1 Labatt on Master and Servant, 65; Richmond etc. Ry. Co. v.…
1Opinion of the CourtJustice Smith
Plaintiff commenced this action in the district court of Carbon county to recover damages alleged to have been sustained by reason of the failure of the defendant company to sufficiently timber an entry in a coal mine in which he was working as its employee. A rock fell upon him from the roof of the entry and injured him. It appears from his testimony that he and three other miners had been mining coal by the day and doing such timbering as they were ordered to do. The defendant Good had full charge of the mine. Plaintiff was a man about thirty-two years of age, who had mined coal for twenty…
2Cases cited2 opinions
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- Coulter v. Union Laundry Co.Montana Supreme Court · 1906
3Cited by13 opinions
- Grant v. NihillMontana Supreme Court · 1922
- Molt v. Northern Pacific Railway Co.Montana Supreme Court · 1912
- Sorenson v. Northern Pacific Ry. Co.Montana Supreme Court · 1917
- Leonidas v. Great Northern Railway Co.Montana Supreme Court · 1937
- Matson v. HinesMontana Supreme Court · 1922
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