Ashcraft v. Montana Power Company

MR CHIEF JUSTICE JAMES T. HARRISON

delivered the opinion of the court.

Plaintiff, Charles D. Ashcraft, appealed from an order of the district court of Silver Bow County granting the defendant, Montana Power Company’s motion for summary judgment.

Stipulated facts are as follows-. On December 31, 1966, defendant contracted with Swain & Morris Construction Company, Inc., to construct electrical lines and facilities. Swain & Morris was designated as an independent contractor in the contract and conducted its work on the job as an independent contractor. Plaintiff was employed by Swain & Morris as a…