Poor v. Madison River Power Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; Henry L. Myers, Judge, presiding. Action by J. R. Poor, administrator of Amos R. Howerton, deceased, and others, against the Madison River Power Company and another. Judgment for defendants, and plaintiffs appeal from it and an order denying them a new trial. Statement oe the Case, by the Justice Delivering the Opinion.
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Appeal from District Court, Gallatin County; Henry L. Myers, Judge, presiding. Action by J. R. Poor, administrator of Amos R. Howerton, deceased, and others, against the Madison River Power Company and another. Judgment for defendants, and plaintiffs appeal from it and an order denying them a new trial. Statement oe the Case, by the Justice Delivering the Opinion. Those portions of the complaint in this action which are necessary to be considered in disposing of the appeal are as follows: “That on or about the twenty-third day of January, 1.907, the defendant Madison River Power Company was…
1Opinion of the CourtJustice Smith
1. It is suggested by the respondents that the complaint shows that the relation of master and servant did not exist between the defendants and the deceased. We find no express allega*360tion in the complaint that deceased was the servant of the defendants, bnt we do find the averments that deceased was “employed and hired by the defendant Madison Eiver Power Company,” and was “employed” by the company, and was “engaged in the performance of his duty under his employment ”p and, as the gravamen of the whole complaint is that it was the duty of the defendants to use ordinary care to furnish the…
2Cases cited14 opinions
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Ball v. GussenhovenMontana Supreme Court · 1904
- Stephens v. ElliottMontana Supreme Court · 1907
- Kennon v. GilmerMontana Supreme Court · 1882
- Jensen v. BarbourMontana Supreme Court · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Conway v. Monidah TrustMontana Supreme Court · 1913
- Blankenship v. Royal Indemnity Co.Texas Supreme Court · 1936
- Shope v. City of BillingsMontana Supreme Court · 1929
- Haddox v. Northern Pacific Railway Co.Montana Supreme Court · 1911
11 more not listed; retrieve them via the Exa API.