Markarites v. Chicago, Milwaukee & St. P. Ry. Co.
Montana Supreme Court
Appeals from District Court, Missoula County; B. Lee McCulloch, Judge. Action by Bill Markarites, as administrator of the estate of John Kontsontonis, deceased, against the Chicago, Milwaukee & St. Paul Bailway Company. Judgment for plaintiff. Defendant appeals from it and from an order denying it a new trial.
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Appeals from District Court, Missoula County; B. Lee McCulloch, Judge. Action by Bill Markarites, as administrator of the estate of John Kontsontonis, deceased, against the Chicago, Milwaukee & St. Paul Bailway Company. Judgment for plaintiff. Defendant appeals from it and from an order denying it a new trial. It is a universal principle that, eliminating the doctrine of res ipsa loquitur, which does not arise in this case, negligence will never be presumed on the part of an employer from the mere fact that an employee receives an injury during the course of his employment. (Patton v. Texas &…
1Opinion of the CourtJustice Cooper
The plaintiff recovered a judgment against the defendant in the court below for injuries received by his intestate, while engaged in the work of cleaning up and removing snow from about the station and platform of the defendant in the city of Missoula. The appliance used consisted of a box set upon runners into which the snow, gathered by the crew of which the deceased was a member, was deposited p,nd carried away. In the progress of the work, when it became necessary to move the box, one or more of the crew would pull upon a rope fastened to the runners, other members thereof assisting by •…
2Cases cited9 opinions
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Pennsylvania Co. v. WhitcombIndiana Supreme Court · 1887
- Forquer v. Slater Brick Co.Montana Supreme Court · 1908
- Wallace v. Chicago, M. & P. S. Ry. Co.Montana Supreme Court · 1913
- Scheytt v. Gallatin Valley Milling Co.Montana Supreme Court · 1918
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3Cited by2 opinions
- Lowden v. BowenSupreme Court of Oklahoma · 1947
- Sevanin v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1922