Westlake v. Keating Gold Mining Co.
Montana Supreme Court
Appeal from District Court, Broadwater County; W. B. C. Stewart, Judge. Action by Alexander Westlake against the Keating Gold Mining Company and another. Plaintiff appeals from the judgment of nonsuit. The evidence showed that at the time of the explosion there was a quantity in excess of 4,000 pounds of dynamite on this level stored near the shaft and in the thawer in plain violation of this statute. This in itself constituted negligence. (Cameron v. EenyomCormell Com.
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Appeal from District Court, Broadwater County; W. B. C. Stewart, Judge. Action by Alexander Westlake against the Keating Gold Mining Company and another. Plaintiff appeals from the judgment of nonsuit. The evidence showed that at the time of the explosion there was a quantity in excess of 4,000 pounds of dynamite on this level stored near the shaft and in the thawer in plain violation of this statute. This in itself constituted negligence. (Cameron v. EenyomCormell Com. Co., 22 Mont. 312, 74 Am. St. Rep. 602, 44 L. R. A. 508, 56 Pae. 358; Neary v. Northern Pac. R. Co., 41 Mont. 480, 110 Pac.…
1Opinion of the CourtJustice Sanner
Action by appellant to recover damages for personal injuries caused by an explosion of dynamite in a mine of the respondent company on January 18, 1911. Nonsuited upon the trial, he appeals from the judgment. The allegations of the complaint touching the cause and manner of the accident are as follows: “That on the 18th day of January, 1911, and for some time prior thereto, the defendants negligently stored and kept and thawed in said mine, where said mining operations were carried, on, large quantities of dynamite and other- highly explosive substances, and, as plaintiff is informed and…
2Cases cited17 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. McWhirterSupreme Court of the United States · 1913
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Conway v. Monidah TrustMontana Supreme Court · 1913
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- Stroud v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1926
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