Kelly v. McCabe

This is an action to recover damages for alleged personal injury. The plaintiff at the time of his illness was an employee of the Montana Power Company, his services were rendered in connection with a subsidiary of that company engaged in an irrigation project. The plainntiff lived with his parents in the vicinity of Hauser Lake, and he was usually employed in driving a truck or doing odd jobs. The Montana Power Company was insured under the Workmen’s Compensation Act, Rev. Codes 1935, sec. 2816 et seq., and had contracted with Dr. J. M. Flinn, a partner of Dr. McCabe, the defendant, to tend…