Legal Opinion

Dawes v. City of Great Falls

Montana Supreme Court

Decided June 27, 1904No. 1,896PublishedCited by 16 opinions

Appeal from District Court,- Cascade County; J. B. Leslie, Judge. Action by E. A. Dawes against the city of Great Falls. Judgment for plaintiff, and defendant appeals. The first error upon which appellant relies is that the court erred in overruling defendant’s motion for a nonsuit. There are four reasons why this motion should have been sustained. First.

Read the full summary

Appeal from District Court,- Cascade County; J. B. Leslie, Judge. Action by E. A. Dawes against the city of Great Falls. Judgment for plaintiff, and defendant appeals. The first error upon which appellant relies is that the court erred in overruling defendant’s motion for a nonsuit. There are four reasons why this motion should have been sustained. First. The complaint does not allege, and there is no proof, that the plaintiff presented his demand against the city in accordance with Sections 4811 and 4812 of the Political Code. We contend that this is.a demand against the city such,as is…

1Opinion of the Court

MR. COMMISSIONER CLAYBERG

prepared the following opinion for the court:

Appeal by the city of Great Ealls from a judgment of $1,000 entered against it.

The cause of action stated in the complaint is based upon the alleged negligence of the city in making a dangerous excavation in one of its streets, and negligently allowing such excavation to remain in a dangerous condition, with full knowledge of such *12condition, whereby plaintiff was injured by falling into the same. The answer denied all the allegations of the complaint, except that of its corporate character, and set forth as an affirmative…

2Cases cited14 opinions

  1. Sutton v. City of SnohomishWashington Supreme Court · 1895
  2. Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
  3. Sheridan v. City of SalemOregon Supreme Court · 1886
  4. Featherman v. Granite CountyMontana Supreme Court · 1903
  5. Kelley v. City of MadisonWisconsin Supreme Court · 1878

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

3Cited by16 opinions

  1. Brown v. Salt Lake CityUtah Supreme Court · 1908
  2. La Bonte v. Mutual Fire & Lightning InsuranceMontana Supreme Court · 1925
  3. Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
  4. State v. PopaMontana Supreme Court · 1919
  5. Labbitt v. BunstonMontana Supreme Court · 1927

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API