Shaw v. New Year Gold Mines Co.
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by E. A." Sbaw, as administrator of tbe estate of Joseph L. Adams, deceased, against tbe New Year Gold Mines Company. Erom a judgment for defendant, plaintiff appeals. Tbe motion for nonsuit should have been overruled because, first, no sufficient grounds were set forth in said motion; and, second, the case was one for the jury, no matter what grounds might have been stated in said motion.
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Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by E. A." Sbaw, as administrator of tbe estate of Joseph L. Adams, deceased, against tbe New Year Gold Mines Company. Erom a judgment for defendant, plaintiff appeals. Tbe motion for nonsuit should have been overruled because, first, no sufficient grounds were set forth in said motion; and, second, the case was one for the jury, no matter what grounds might have been stated in said motion. (Jacobs Sultan Co. v. Union Merc. Co., 17 Mont. 61; Palmer v. Marysville Dem. Pub. Co., 90 Cal. 168, 27 Pac. 21; Frank v. Mining Co.,…
1Opinion of the Court
MR. COMMISSIONER CLAYBERG
prepared the following opinion for the court:
Appeal from a judgment of nonsuit. Joseph Adams, who was plaintiff’s intestate, brought suit against the New Year Gold Mines Company to recover damages for personal injury caused by the alleged negligence of defendant.
*143The material allegations of the complaint as to this negligence are as follows:
“(4) That the plaintiff, at the time of the accident, hereinafter set forth, and for some time prior thereto, was actually engaged and employed by the defendant as a miner in said Old Bach mine; that the plaintiff was employed as…
2Cases cited26 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Cullen v. . NortonNew York Court of Appeals · 1891
- Hussey v. . CogerNew York Court of Appeals · 1889
- Dobbins v. . BrownNew York Court of Appeals · 1890
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3Cited by33 opinions
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Law v. GallegherSupreme Court of Delaware · 1938
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Fusselman v. Yellowstone Valley Land & Irrigation Co.Montana Supreme Court · 1917
- State v. KeckonenMontana Supreme Court · 1938
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