Kelley v. Fourth of July Mining Co.
Montana Supreme Court
Appeal from First Judicial District, Lewis cmd Cla/rke County. Action for damages for personal injuries. The case was tried before Hunt, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. This is an action for damages for personal injuries.
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Appeal from First Judicial District, Lewis cmd Cla/rke County. Action for damages for personal injuries. The case was tried before Hunt, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. This is an action for damages for personal injuries. The plaintiff is a miner, and alleges substantially in his complaint that on the 27th day of May, 1891, he was actually engaged and employed by the defendant, which is a corporation, in mining in a tunnel in its mine; that he was employed in drilling, blasting,' and running said tunnel in said mine; that it was…
1Opinion of the CourtPemberton, C. J.
In this case the court instructed the jury that £ ‘it was the duty of the defendant to adopt all reasonable means and precautions to provide a safe place for the plaintiff in which to prosecute his work. ’ ’
The defendant assigns this as error. Counsel for the defendant contends that, while this instruction states the law in ordinary cases, it is not applicable to this case. His contention is that the plaintiff was not working in a place, but was working in the creation of a place.
The evidence in this case is that the plaintiff was employed, at the time of the accident, in running a tunnel in…
Also in this document: Concurrence.
2Cases cited10 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Mather v. RillstonSupreme Court of the United States · 1895
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Indianapolis & St. Louis Railway Co v. WatsonIndiana Supreme Court · 1888
- Beeson v. Green Mountain Gold Mining Co.California Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Hanley v. California Bridge & Construction Co.California Supreme Court · 1899
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Thayer v. Smoky Hollow Coal Co.Supreme Court of Iowa · 1903
- Thurman v. Pittsburg & Montana Copper Co.Montana Supreme Court · 1910
20 more not listed; retrieve them via the Exa API.