Legal Opinion · Dissent

Moffett v. Bozeman Canning Co.

Montana Supreme Court

Decided November 10, 1933No. 7,149Published

1Dissent

Mr. Justice Anderson:

I dissent from that portion of the the opinion of the court wherein it is held that the circumstantial evidence adduced on the hearing is sufficient to sustain the judgment of the trial court. I concur in the statements in the opinion holding that the so-called opinions of the doctors are too speculative and conjectural to form the basis of findings.

If, under the facts in this case, owing to the lack of knowledge, the opinions of the doctors to whom the essential facts were submitted in hypothetical questions are unworthy of consideration, how can a court draw a…

2Cases cited11 opinions

  1. Monson v. La France Copper Co.Montana Supreme Court · 1909
  2. Edge v. City of PierreSouth Dakota Supreme Court · 1931
  3. Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
  4. Culbertson v. HillSupreme Court of Missouri · 1885
  5. Dehn v. KitchenNorth Dakota Supreme Court · 1926

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API