Payne v. Mountain States Telephone & Telegraph Co.

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

The defendant corporation has moved this court to dismiss the purported appeal taken by the plaintiff.

The plaintiff filed an amended complaint in the district court for Park County alleging that he was employed by a contractor as a flagman on a road construction project. He further alleged that a fellow employee struck defendant’s telephone cables thereby pulling down a pole which injured the plaintiff. To this amended complaint defendant interposed a motion to dismiss on the ground that the complaint failed to state a…