Legal Opinion

Forsell v. Pittsburgh & Montana Copper Co.

Montana Supreme Court

Decided March 1, 1909No. 2,612PublishedCited by 24 opinions

Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Alfred Forsell against the Pittsburgh & Montana Copper Company. From a judgment for plaintiff, and an order denying it a new trial, defendant appeals. A party can recover only on the cause of action alleged or proved. (Abromovitz v. Markowitz, 58 Mise. Rep. 231, 108 N. Y. Supp. 1044; Pierce v. Great Falls & Canada By.

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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Alfred Forsell against the Pittsburgh & Montana Copper Company. From a judgment for plaintiff, and an order denying it a new trial, defendant appeals. A party can recover only on the cause of action alleged or proved. (Abromovitz v. Markowitz, 58 Mise. Rep. 231, 108 N. Y. Supp. 1044; Pierce v. Great Falls & Canada By. Co., 22 Mont. 445, 56 Pac. 867.) Plaintiff must adopt a theory and prove his theory, {Hawes v. Warren, 119 Fed. 978.) He must recover upon a definite theory shown in his complaint, and cannot…

1Opinion of the CourtJustice Holloway

This is an action for damages for personal injuries. The complaint alleges: That the plaintiff was employed by defendant company and directed to work near the 1,200-foot level in a shaft in the Pittsmont mine; that defendant John Medlin was a stationary engineer, employed by the defendant company to operate a hoisting engine by means of which a heavy cage was raised and lowered in the shaft. The complaint then alleges: “The defendant copper company disregarded and-failed in its duty of using ordinary care to make the said place where plaintiff was at work reasonably safe, and it negligently…

2Cases cited10 opinions

  1. Boardman v. GriffinIndiana Supreme Court · 1875
  2. Ebsery v. Chicago City Railway Co.Illinois Supreme Court · 1897
  3. Pierce v. Great Falls & Canada Railway Co.Montana Supreme Court · 1899
  4. Wormsdorf v. Detroit City Railway Co.Michigan Supreme Court · 1889
  5. Spellman v. RhodeMontana Supreme Court · 1905

5 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Ulmen v. SchwiegerMontana Supreme Court · 1932
  2. Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
  3. Frederick v. HaleMontana Supreme Court · 1910
  4. Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1910
  5. Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910

19 more not listed; retrieve them via the Exa API.

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