Legal Opinion

McLaughlin v. Bardsen

Montana Supreme Court

Decided January 18, 1915No. 3,442PublishedCited by 16 opinions

Appeal from District Court, Silver Bow County; John B. McClernan, Judge. . Action by Katie McLaughlin against R. M. Bardsen and others, partners as R. M. Bardsen & Co. From a judgment rendered on a nonsuit, plaintiff appeals.

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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. . Action by Katie McLaughlin against R. M. Bardsen and others, partners as R. M. Bardsen & Co. From a judgment rendered on a nonsuit, plaintiff appeals. There are three questions involved in this appeal, either one of which, if decided in favor of the appellant’s contention, will entitle appellant to a new trial of this action: 1. Liability of defendants under the general law of negligence; 2. Liability under the state law of Montana; 3. Liability under the ordinances of the city of Butte. Statutory and common-law…

1Opinion of the CourtJustice Holloway

In September, 1912, the city of Butte let a contract to Bard-sen, Hammer and Larson to install a public sewer for the city, *184and in execution of the agreement the contractors caused to be excavated a trench in which to lay the sewer-pipe. The line of sewer was parallel with and about 100 feet from Anaconda Road, a public street of the city. One portion of the sewer trench within the city limits was in front of, and but a few feet from, the house occupied by Dan Martin, designated No. 27 Anaconda Road. During the progress of the work the contractors were delayed for fifteen days or more, and…

2Cases cited14 opinions

  1. Penso v. McCormickIndiana Supreme Court · 1890
  2. Bourke v. Butte Electric & Power Co.Montana Supreme Court · 1905
  3. Conway v. Monidah TrustMontana Supreme Court · 1913
  4. Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906
  5. Graves v. ThomasIndiana Supreme Court · 1884

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Ulmen v. SchwiegerMontana Supreme Court · 1932
  2. State Ex Rel. Palagi v. ReganMontana Supreme Court · 1942
  3. Wagner v. DoehringCourt of Appeals of Maryland · 1989
  4. Mattson v. Montana Power Co.Montana Supreme Court · 2009
  5. Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927

11 more not listed; retrieve them via the Exa API.

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