Fadden v. Butte Miners' Union No. 1
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Thomas Fadden against the Butte Miners’ Union No. 1 and others. Judgment for plaintiff, and from an order granting a new trial, he appeals.
1Opinion of the CourtJustice Sanner
Thomas Padden brought this action in the district court of Silver Bow county against the Butte Miners ’ Union No. 1, Dennis Murphy, Joseph Penhall and John Hartigan, to recover damages for a malicious assault alleged to have been made by them upon him. The defendants, other than Murphy, stood upon a denial; Murphy coupled his denial with an affirmative plea to the effect that Padden, after maliciously assaulting Penhall, attempted to assault him (Murphy) and he, to protect himself, struck Padden. This was denied by the reply. The issues were tried to a jury who returned their verdict for the…
2Cases cited2 opinions
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- Kelly v. City of ButteMontana Supreme Court · 1911
3Cited by5 opinions
- Northwestern Electric Equipment Co. v. LeightonMontana Supreme Court · 1923
- McVey v. JemisonMontana Supreme Court · 1922
- Slater v. Bright Hotel Co.Montana Supreme Court · 1921
- Love v. McDonnellMontana Supreme Court · 1922
- Heavey v. LadenMontana Supreme Court · 1918