Winnicott v. Orman
Montana Supreme Court
Appeal from District Court, Silver Bow Countyj Geo. M. Bourquin, Judge. Action by William T. Winnicott against J. B. Orman and others. From a judgment and an order granting defendants a new trial, plaintiff appeals. Statement of the Case by the Justice Delivering the Opinion.
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Appeal from District Court, Silver Bow Countyj Geo. M. Bourquin, Judge. Action by William T. Winnicott against J. B. Orman and others. From a judgment and an order granting defendants a new trial, plaintiff appeals. Statement of the Case by the Justice Delivering the Opinion. Action by plaintiff for damages for a personal injury, alleged to have been suffered by him through the negligence of the defendants during his employment by them as a laborer in the construction of a railroad. During the month of January, 1907, the defendants Orman & Crook, copartners, were engaged in construction work…
1Opinion of the CourtChief Justice Brantly
■ The motion for new trial was made on several of the statutory grounds, including insufficiency of the evidence to justify the verdict. The court sustained it by a general order, but attached to the order a memorandum stating, as its reason for granting the motion, that the evidence is insufficient, in that it “leaves it speculative and conjectural whether the explosion by which plaintiff was injured was due to a missed hole, for which defendants might be liable, or due to a piece of dynamite accidentally in the loose earth, and for which defendants are not liable.” Contention is made by…
2Cases cited12 opinions
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- State v. SchnepelMontana Supreme Court · 1900
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- McGowan v. NelsonMontana Supreme Court · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stephens v. ConleyMontana Supreme Court · 1914
- State v. KeckonenMontana Supreme Court · 1938
- Jackson v. William Dingwall CompanyMontana Supreme Court · 1965
- James v. ColemanSupreme Court of Oklahoma · 1917
- Fisher v. Butte Electric Railway Co.Montana Supreme Court · 1925
4 more not listed; retrieve them via the Exa API.