Forsell v. Pittsburgh & Montana Copper Co.
Montana Supreme Court
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
- Boardman v. GriffinIndiana Supreme Court · 1875
- Ebsery v. Chicago City Railway Co.Illinois Supreme Court · 1897
- Pierce v. Great Falls & Canada Railway Co.Montana Supreme Court · 1899
- Wormsdorf v. Detroit City Railway Co.Michigan Supreme Court · 1889
- Spellman v. RhodeMontana Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Frederick v. HaleMontana Supreme Court · 1910
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
19 more not listed; retrieve them via the Exa API.