Forquer v. North
Montana Supreme Court
Appeal from District Court, Yellowstone County; Sydney Fox, Judge. Action by Claude Earl Forquer, a minor, by C. F. Forquer, his guardian ad litem, against Austin North and the Slater Brick Company. Judgment for plaintiff, and defendant brick company appeals. The complaint does not state a cause of action, because there is not any causal connection shown between the negligence charged and the injury.
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Appeal from District Court, Yellowstone County; Sydney Fox, Judge. Action by Claude Earl Forquer, a minor, by C. F. Forquer, his guardian ad litem, against Austin North and the Slater Brick Company. Judgment for plaintiff, and defendant brick company appeals. The complaint does not state a cause of action, because there is not any causal connection shown between the negligence charged and the injury. It is not alleged that the failure to instruct, which is the only negligence alleged, caused or had anything to do with the injury. “The mere existence of a defect, the mere occurrence of an…
1Opinion of the CourtJustice Smith
This is the second appeal in this case. (See Forquer v. Slater Brick Co., 37 Mont. 426, 97 Pac. 843.) The complaint has been amended and a retrial had, resulting in a verdict against both defendants in the sum of $10,000. From a judgment entered on the verdict and an order denying a new trial, they have appealed.
The amended complaint, after alleging the plaintiff’s age, thirteen years, continues as follows:
“(4) That among the duties of plaintiff’s said employment he was required to throw said pug-mill in and out of gear and to oil the same, and he was likewise directed by his said employers,…
2Cases cited16 opinions
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Smith v. ButtnerCalifornia Supreme Court · 1891
- Buckley v. Gutta Percha & Rubber Manufacturing Co.New York Court of Appeals · 1889
- State v. ByrdMontana Supreme Court · 1910
- Hollingsworth v. Davis-Daly Estates Copper Co.Montana Supreme Court · 1909
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
- Vonault v. O'RourkeMontana Supreme Court · 1934
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- Teesdale v. Anschutz Drilling CompanyMontana Supreme Court · 1960
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