Baird v. Chokatos

From a summary judgment for the defendants entered in the district court of the fourth judicial district, Missoula County, plaintiff appeals.

On April 18, 1967, Nelson Baird (hereinafter referred to as appellant) was injured by a cave-in of a ditch being excavated by Ace Equipment Company for construction of a restaurant building located on the southeast corner of the intersection of East Broadway and Washington streets in Missoula, Montana. Appellant was employed by Ace Equipment Company and insured under the Montana Workmen’s Compensation Act. Appellant accepted $2,100 in compensation…