Legal Opinion
Nichols v. Consolidated Dairies of Lake County, Inc.
Montana Supreme Court
Decided January 16, 1952No. 9034PublishedCited by 23 opinions
1Opinion of the Court
MR. JUSTICE METCALF:
The plaintiff, a child of 12 years of age, was injured while playing upon a passenger elevator in defendant’s grain'elevator. A general demurrer to the second amended complaint filed by his guardian ad litem was sustained without leave to plead further. He has appealed from the judgment of dismissal.
The first two counts of the complaint are based upon an “attractive nuisance” theory. The attractive nuisance doctrine is recognized by the decisions of this jurisdiction. Gilligan v. City of Butte, 118 Mont. 350, 166 Pac. (2d) 797; Martin v. Northern Pac. Ry. Co., 51 Mont. 31,…
2Cases cited5 opinions
- Montague v. HansonMontana Supreme Court · 1909
- Gilligan v. City of ButteMontana Supreme Court · 1946
- Martin v. Northern Pacific Ry. Co.Montana Supreme Court · 1915
- Hickman v. First Nat. Bk. of Great FallsMontana Supreme Court · 1941
- Gates v. Northern Pacific Railway Co.Montana Supreme Court · 1908
3Cited by23 opinions
- Teesdale v. Anschutz Drilling CompanyMontana Supreme Court · 1960
- Merle H. Johnson, Administrator of the Estate of Stanley Matt Johnson v. United States of America, Merle H. Johnson v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- State ex rel. Burlington Northern, Inc. v. District Court of the First Judicial District of Montana ex rel. County of LewisMontana Supreme Court · 1972
- Vogel v. Fetter Livestock CompanyMontana Supreme Court · 1964
- Johnson v. United StatesDistrict Court, D. Montana · 1958
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