Driscoll v. Clark
Montana Supreme Court
Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by Nora Driscoll, as guardian of John Joseph Driscoll, a minor, against William A. Clark. From a judgment for plaintiff, defendant appeals.
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Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by Nora Driscoll, as guardian of John Joseph Driscoll, a minor, against William A. Clark. From a judgment for plaintiff, defendant appeals. The general rule undoubtedly is that one is under no duty to a mere trespasser to keep his premises safe, but there are certain well-defined exceptions to this rule, among which is numbered the doctrine of the “turntable”- and similar cases within which the case at bar unquestionably falls. The defendant having seen fit to erect and operate dangerous machinery of such a nature and…
1Opinion of the Court
ME. COMMISSIONEE OLAYBEEG
prepared the opinion for the court.
Appeal from a judgment. The action was brought to recover damages for a personal injury to plaintiff’s ward, arising from the alleged negligence of defendant in maintaining and operating what is claimed to be dangerous machinery upon his own premises.
The complaint, after preliminary allegations of the appointment of a guardian, alleges, in substance: That on or about June 5, 1903, the time of the injury, and for a long timo prior thereto, the defendant carelessly and negligently and in disregard of duty had in use and oyeration, and…
2Cases cited36 opinions
- Joske v. IrvineTexas Supreme Court · 1898
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Powers v. HarlowMichigan Supreme Court · 1884
- Peters v. BowmanCalifornia Supreme Court · 1896
31 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Limberhand v. Big Ditch Co.Montana Supreme Court · 1985
- Fusselman v. Yellowstone Valley Land & Irrigation Co.Montana Supreme Court · 1917
- Montague v. HansonMontana Supreme Court · 1909
- Bourke v. Butte Electric & Power Co.Montana Supreme Court · 1905
- Conway v. Monidah TrustMontana Supreme Court · 1913
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