Pullen v. City of Butte
Montana Supreme Court
Appeal from, District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Henrietta Pullen against tbe City of Butte. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. argued tbe cause orally. It was error to admit evidence showing that changes or repairs in tbe walk had been made after tbe accident.
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Appeal from, District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Henrietta Pullen against tbe City of Butte. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. argued tbe cause orally. It was error to admit evidence showing that changes or repairs in tbe walk had been made after tbe accident. (See 26 Cyc. 616; Helling v. Schindler, 145 Cal. 303, 78 Pae. 710; Wigmore on Evidence, sec. 283; Elliott on Roads and Streets, 3d ed., see. 1160; Morse v. Memphis etc. Ry. Co., 30 Minn. 465, 16 N. W. 358.) Over objection tbe plaintiff was…
1Opinion of the CourtJustice Smith
This is an action for damages alleged to have been occasioned by the negligent misconduct of the defendant in suffering a defect to exist in one of its streets, whereby plaintiff was injured. The subject matter of the controversy was once before in this court. (See Pullen v. City of Butte, 38 Mont. 194, 21 L. R. A., n. s., 42, 99 Pac. 290.) After that case was remanded, it was retried, and a verdict rendered in favor of the defendant. Counsel for the latter failed for more than six months to demand that judgment be entered or to have judgment entered upon the verdict, whereupon counsel for…
2Cases cited16 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Weisse v. City of DetroitMichigan Supreme Court · 1895
- Cromarty v. City of BostonMassachusetts Supreme Judicial Court · 1879
- Dow v. Sunset Telephone & Telegraph Co.California Supreme Court · 1910
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
- Carnegie Nat. Bank v. City of Wolf PointCourt of Appeals for the Ninth Circuit · 1940
- Bennetts v. Silver Bow Amusement Co.Montana Supreme Court · 1922
- Soliri v. FassoMontana Supreme Court · 1919
- Ahlquist v. Mulvaney Realty Co.Montana Supreme Court · 1944
14 more not listed; retrieve them via the Exa API.