Mullen v. City of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M, B our quin, Judge. Action by Pat Mullen against the city of Butte. From an order granting defendant a new trial, plaintiff appeals. Where the evidence is conflicting, the jury are to determine the facts, and their verdict will not be disturbed unless clearly unsupported by the evidence before them.
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Appeal from District Court, Silver Bow County; Geo. M, B our quin, Judge. Action by Pat Mullen against the city of Butte. From an order granting defendant a new trial, plaintiff appeals. Where the evidence is conflicting, the jury are to determine the facts, and their verdict will not be disturbed unless clearly unsupported by the evidence before them. (Kleinschmidt v. Dunphy, 1 Mont. 118.) A new trial will not be granted if there is some testimony to support the verdict, although there is a preponderance of evidence against it. (Lincoln v. Rodgers, 1 Mont. 217.) It must be clear that the…
1Opinion of the CourtJustice Smith
delivered the opinion of the court..
This is an appeal by the plaintiff from an order of the district court of Silver Bow county granting the defendant a new trial. The action was begun to recover damages alleged to have been sustained by the plaintiff by reason of an injury to his infant son.
The complaint alleges that the defendant city negligently-maintained a sidewalk in a dangerous and unsafe condition,, “by permitting an excavation to exist on the west side of said sidewalk, # * *' which excavation abutted upon said sidewalk, and was of a depth of about six feet, * * * without any railing…
2Cases cited3 opinions
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- Fournier v. CoudertMontana Supreme Court · 1906
- Hamilton v. NelsonMontana Supreme Court · 1899
3Cited by10 opinions
- Casey v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- West v. WilsonMontana Supreme Court · 1931
- Mosher v. Sutton's New Theater Co.Montana Supreme Court · 1913
- Lizott v. Big Blackfoot Milling Co.Montana Supreme Court · 1913
- Hill v. HallerMontana Supreme Court · 1939
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