Hardesty v. Largey Lumber Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Action by John M. Hardesty against the Largey Lumber Company. Judgment for plaintiff. Defendant appeals from the judgment and an order denying it a new trial. It was not the duty of defendant to use reasonable care to provide plaintiff with a safe place to work, where the prosecution of the work itself, the construction of the mill, made the place, and created its attending dangers.
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Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Action by John M. Hardesty against the Largey Lumber Company. Judgment for plaintiff. Defendant appeals from the judgment and an order denying it a new trial. It was not the duty of defendant to use reasonable care to provide plaintiff with a safe place to work, where the prosecution of the work itself, the construction of the mill, made the place, and created its attending dangers. (Davis v. Trade Dollar C. M. Co., 117 Fed. 122, 54 C. C. A. 636; Shaw v. New Year Gold M. Co., 31 Mont. 138, 77 Pac. 515; O’Connell v. Clark,…
1Opinion of the CourtJustice Holloway
This is an action for damages for personal injuries. The plaintiff had judgment in the district court, and the defendant appeals from the judgment, and from an order denying its motion for a new trial.
The plaintiff was a carpenter employed by the defendant about the construction of a planing-mill in Butte. The defendant had caused large quantities of lumber to be brought from its lumber-yard for use in constructing the building. This lumber had been placed in piles near the building being constructed. The negligence is charged as follows: “That on or about the nineteenth day of November,…
2Cases cited13 opinions
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Mulcairns v. City of JanesvilleWisconsin Supreme Court · 1886
- Carlson v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1896
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Winkelmann & Brown Drug Co. v. ColladayCourt of Appeals of Maryland · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Maki v. Murray HospitalMontana Supreme Court · 1932
- Vonault v. O'RourkeMontana Supreme Court · 1934
- Cashin v. Northern Pacific Railway Co.Montana Supreme Court · 1934
- Frederick v. HaleMontana Supreme Court · 1910
- Johnson v. HerringMontana Supreme Court · 1931
28 more not listed; retrieve them via the Exa API.