Reynolds v. Jones
Montana Supreme Court
Appeal from District Court, Yellowstone Countyj Geo. W. Pierson, Judge. Action by Margaret E. Reynolds against Frank N. Jones and wife. From an order granting a new trial, plaintiff appeals. Negligence must be shown; it will not be presumed. (Reino v. Montana Min. Land Dev. Go., 38 Mont. 291, 99 Pac. 853.) And plaintiff, suing for a personal injury negligently inflicted, has the burden of proving defendants’ negligence. (Byrnes v. Butte Brewing Go., 44 Mont. 328, Ann.
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Appeal from District Court, Yellowstone Countyj Geo. W. Pierson, Judge. Action by Margaret E. Reynolds against Frank N. Jones and wife. From an order granting a new trial, plaintiff appeals. Negligence must be shown; it will not be presumed. (Reino v. Montana Min. Land Dev. Go., 38 Mont. 291, 99 Pac. 853.) And plaintiff, suing for a personal injury negligently inflicted, has the burden of proving defendants’ negligence. (Byrnes v. Butte Brewing Go., 44 Mont. 328, Ann. Cas. 1913B, 440, 119 Pac. 788.) As a general proposition, a party who charges negligence as a ground of action must prove it.…
1Opinion of the CourtJustice Holloway
The plaintiff, while leaving the Star Theater in Billings, was injured by a billboard falling against her. She brought this action to recover damages and secured a favorable verdict. The lower court granted a new trial, and plaintiff appealed from the order.
[1,2] The motion for a new trial was made upon all the statutory grounds, and the order sustaining it is general in terms. If the order can be justified upon any of the grounds, it must be approved. (Scott v. Waggoner, 48 Mont. 536, L. R. A. 1916C, 491, 139 Pae. 454.) One ground of the motion is insufficiency of the evidence to justify the…
2Cases cited2 opinions
- Scott v. WaggonerMontana Supreme Court · 1914
- Hamilton v. Monidah TrustMontana Supreme Court · 1909
3Cited by2 opinions
- Heavey v. LadenMontana Supreme Court · 1918
- Rhoades v. NessMontana Supreme Court · 1917