Leary v. Anaconda Copper Min. Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Dennis P. Leary against tbe Anaconda Copper Mining Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Instruction No. 3 was erroneous. (Baltimore etc. By. Co. v. Young, 153 Ind. 163, 54 N. E. 793; Cooper v. Georgia C. & N. By. Co., 61 S. C. 345, 39 S. E. 543; Plant Inv. Co. v. Cook, 74 Fed. 503, 20 C. C. A. 625; Mulligan v. Montana Union By.
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Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Dennis P. Leary against tbe Anaconda Copper Mining Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Instruction No. 3 was erroneous. (Baltimore etc. By. Co. v. Young, 153 Ind. 163, 54 N. E. 793; Cooper v. Georgia C. & N. By. Co., 61 S. C. 345, 39 S. E. 543; Plant Inv. Co. v. Cook, 74 Fed. 503, 20 C. C. A. 625; Mulligan v. Montana Union By. Co., 19 Mont. 135, 47 Pac. 795; Shearman and Redfield on Negligence, sec. 96; Thompson on Negligence, see. 3, p. 1148; Cummings…
1Opinion of the CourtJustice Smith
This case involves an appeal from a judgment entered in favor of the plaintiff and against the appellant in the district court of Silver Bow county, and also an appeal from an order denying the defendant’s motion for a new trial.
The action was brought for the purpose of recovering damages from the defendant company for personal injuries alleged to have been suffered by-the plaintiff while in the employ of the defendant company as a miner, by reason of the negligence and carelessness of defendant in furnishing improper, unsuitable and unsafe appliances to the plaintiff with which to carry on…
2Cases cited6 opinions
- Cummings v. Helena & Livingston Smelting & Reduction Co.Montana Supreme Court · 1902
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
- Anderson v. Northern Pacific Ry. Co.Montana Supreme Court · 1906
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Coulter v. Union Laundry Co.Montana Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pilgeram v. HassMontana Supreme Court · 1946
- Sorenson v. Northern Pacific Ry. Co.Montana Supreme Court · 1917
- Matson v. HinesMontana Supreme Court · 1922
- Stevens v. Henningsen Produce Co.Montana Supreme Court · 1917
- C., N. O. & T. P. Ry. Co. v. SteelmanCourt of Appeals of Tennessee · 1928
1 more not listed; retrieve them via the Exa API.