Legal Opinion · Concurrence

Shaw v. Kendall

Montana Supreme Court

Decided April 7, 1943No. 8326Published

1ConcurrenceJustice Anderson

I believe that the rule of ejusdem, generis is not applicable to' the language in section 3095, Eevised Codes, which is under-consideration. The statute is complete in its application to the specified occupations, covering all employment “in, on, or-about” any thereof, without the additional language as to the-business wherein machinery is used. This additional language-can add nothing to the portion of the statute as applied to the-occupations specified. As to such it is wholly superfluous. U believe that by writing in tbe pbrase ‘ ‘ or where any machinery is operated,” the legislature…

2Cases cited7 opinions

  1. United States v. SteffensSupreme Court of the United States · 1879
  2. James v. BowmanSupreme Court of the United States · 1903
  3. Hurt v. Oak Downs, Inc.Court of Appeals of Texas · 1935
  4. Interstate Commerce Commission v. Louisville & Nashville RailroadSupreme Court of the United States · 1903
  5. Mills v. City of BarbourvilleCourt of Appeals of Kentucky (pre-1976) · 1938

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