Maloney v. Winston Bros.
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. Action by the plaintiff for damages for personal injury. Judgment for plaintiff and defendant appealed. There is absolutely no evidence to show that anyone was negligent and that it was not one of those accidents incident to any business which cannot with reasonable prudence be foreseen. The plaintiff must make his case. He has failed to do so.
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APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. Action by the plaintiff for damages for personal injury. Judgment for plaintiff and defendant appealed. There is absolutely no evidence to show that anyone was negligent and that it was not one of those accidents incident to any business which cannot with reasonable prudence be foreseen. The plaintiff must make his case. He has failed to do so. (Reino v. Montana Mineral Land Bevel. Go., 38 Mont. 291, 99 Pac. 853; Hardesty v. Largey Luniber Go., 34 Mont. 157, 86 Pac. 29; Holt v. Spokane…
1Opinion of the CourtAilshie, J.
This action was prosecuted for the recovery of damages for personal injuries received by the plaintiff while working in what is known as the St. Paul pass tunnel, which was being cut through the Bitter Root mountains for the use of the Chicago, Milwaukee & St. Paul Ry. Co. The east end of this tunnel starts a short distance from the town of Taft, in Montana, while the west end of the tunnel is in Idaho. The plaintiff recovered judgment for $15,000 and defendant moved for a new trial and its motion was denied, and it has appealed from the judgment and order denying the motion.
*745This tunnel was…
2Cases cited35 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Sloane v. Southern California Railway Co.California Supreme Court · 1896
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
30 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Treinies v. Sunshine Mining Co.Supreme Court of the United States · 1940
- P. Lorillard Co. v. ClaySupreme Court of Virginia · 1920
- State v. MartinezIdaho Supreme Court · 1926
- Newell v. NewellIdaho Supreme Court · 1956
- Summerfield v. PringleIdaho Supreme Court · 1943
36 more not listed; retrieve them via the Exa API.