Ball v. Gussenhoven
Montana Supreme Court
Appeal from District Court, Chotean County; John W. Tat-tan, Judge. ActioN by Jessie Ball against Joseph Gussenhoven. From a judgment for plaintiff, defendant appeals. The respondent is not entitled to recover for the injuries sustained for the reason that she assumed the risks of the 'employment in which she engaged; there is no question of contributory negligence in the case at bar; the doctrine of assumed risks must determine the question of appellant’s liability.
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Appeal from District Court, Chotean County; John W. Tat-tan, Judge. ActioN by Jessie Ball against Joseph Gussenhoven. From a judgment for plaintiff, defendant appeals. The respondent is not entitled to recover for the injuries sustained for the reason that she assumed the risks of the 'employment in which she engaged; there is no question of contributory negligence in the case at bar; the doctrine of assumed risks must determine the question of appellant’s liability. (Civil Code, Sec. 2661; Bailey’s Master’s Liability for Injuries to Servant, 145, 194, 198; Greef et al. v. Brown (Kan.), 51…
1Opinion of the Court
ME, OOMiMIS'SIO'NEB OLAYBEEG
prepared- tbe opinion for tbe court.
Tbis was an action brought by plaintiff to recover damages against defendant for a personal injury. Tbe defendant was tbe proprietor of a steam laundry, and- plaintiff was employed therein. Bier band was injured, by being caught between tbe rollers of a mangle or ironing machine used in tbe laundry, at which she was put to work by defendant’s foreman. Tbe negligence upon which tbe recovery is sought is a failure on tbe part of defendant to provide plaintiff with reasonably safe machinery to work upon and to- maintain it in a…
Also in this document: Per curiam.
2Cases cited25 opinions
- Miner v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891
- Dawson v. SchlossCalifornia Supreme Court · 1892
- Kennon v. GilmerMontana Supreme Court · 1882
- Mundle v. Hill Manufacturing Co.Supreme Judicial Court of Maine · 1894
- Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
20 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Maki v. Murray HospitalMontana Supreme Court · 1932
- Carroll v. KingMontana Supreme Court · 1921
- Montague v. HansonMontana Supreme Court · 1909
- Heckaman v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- Conway v. Monidah TrustMontana Supreme Court · 1913
41 more not listed; retrieve them via the Exa API.