Cummings v. Helena & Livingston Smelting & Reduction Co.
Montana Supreme Court
Appeal from, District Court, Jefferson County; M. IT. Par-leer, Judge. ActioN by Martin Cummings against tlie Helena & Livingston Smelting A Reduction Company. From a judgment in favor of defendant, plaintiff appeals. On tbe review of a motion for nonsuit, everything which the evidence tended to prove will be assumed to be true by the appellate tribunal. (Creek v.' McManus, 13 Mont. 157; Wetz-stein v. Joy, ib. 444; Mayer v. Carothers, 14 ib. 288; State ex rel.
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Appeal from, District Court, Jefferson County; M. IT. Par-leer, Judge. ActioN by Martin Cummings against tlie Helena & Livingston Smelting A Reduction Company. From a judgment in favor of defendant, plaintiff appeals. On tbe review of a motion for nonsuit, everything which the evidence tended to prove will be assumed to be true by the appellate tribunal. (Creek v.' McManus, 13 Mont. 157; Wetz-stein v. Joy, ib. 444; Mayer v. Carothers, 14 ib. 288; State ex rel. PigoU v. Benton, 13 Mont. 322; Powers v. Klenzie, 15 Mont. 179; Jensen v. Barbour, 15 Mont. 586; Soyer v. Great Falls Water Co., 15…
1Opinion of the CourtJustice Pigott
The plaintiff, having suffered ¡personal injuries in a mine *441situate in Jefferson county and operated by tlie defendant, brought this action to recover $35,000 as damages. The injuries are alleged to have occurred through the defendant’s negligence. When the plaintiff rested, the court granted a non-suit upon several grounds, one being that the plaintiff had assumed the risk of the accident which occasioned the injury, and another being that he had been guilty of contributory negligence. Judgment for the defendant was then entered, and the plaintiff has appealed.
On motion for nonsuit, whatever…
2Cases cited9 opinions
- Kennon v. GilmerMontana Supreme Court · 1882
- Higley v. GilmerMontana Supreme Court · 1878
- Powell v. Southern Railway Co.Supreme Court of North Carolina · 1899
- Nelson v. City of HelenaMontana Supreme Court · 1895
- Cogdell v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Conway v. Monidah TrustMontana Supreme Court · 1913
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
22 more not listed; retrieve them via the Exa API.