Allen v. Bell
Montana Supreme Court
Appeal from District Court, Broadwater County; W. B. C. Stewart, Judge. Action by E. 0. Allen against B. A. Bell. Erom a judgment in favor of defendant, plaintiff appeals.
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Appeal from District Court, Broadwater County; W. B. C. Stewart, Judge. Action by E. 0. Allen against B. A. Bell. Erom a judgment in favor of defendant, plaintiff appeals. There is little doubt that in the earlier bistory of the development of the law of the liability of the master for injuries suffered by the servant in the course of his employment, the respondent would be held answerable for any delinquency on the part of Blair resulting in injuries to any other servant of respondent, merely by reason of his position of superiority and command in and about the operations being carried on.…
1Opinion of the Court
MB. COMMISSIONEB POOBMAN
prepared the opinion for the court.
*75During the spring and summer of 1901 the defendant was the -owner of and was operating tbe East Pacific mine. One D. E. Blair was in tbe immediate charge of tbe mine, and plaintiff was a miner working at tbe bottom of tbe shaft when a blast was exploded, causing tbe injury complained of. At tbe close of plaintiff’s evidence on tbe trial of tbe case, tbe defendant moved for a nonsuit, which- motion was sustained. Judgment was entered for defendant, and plaintiff appeals.
In considering tbe case, every fact which tbe evidence tends to…
2Cases cited11 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
- Mast v. KernOregon Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906
- Thurman v. Pittsburg & Montana Copper Co.Montana Supreme Court · 1910
- Poor v. Madison River Power Co.Montana Supreme Court · 1909
- Kinsel v. North Butte Mining Co.Montana Supreme Court · 1912
- Morelli v. Twohy Bros.Montana Supreme Court · 1918
7 more not listed; retrieve them via the Exa API.