Bracey v. Northwestern Improvement Co.
Montana Supreme Court
Appeal from District Court, Carbon County; Frank Henry? Judge. Action by Ernest Bracey and others, by Alice Bracey, their guardian, and by herself in her own right, against the Northwestern- Improvement Company and another. From a judgment for defendants, plaintiffs appeal.
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Appeal from District Court, Carbon County; Frank Henry? Judge. Action by Ernest Bracey and others, by Alice Bracey, their guardian, and by herself in her own right, against the Northwestern- Improvement Company and another. From a judgment for defendants, plaintiffs appeal. The principal question presented by the appeal is whether or not the defendant company owed any duty to Bracey, as a rescuer, other than to refrain from wantonly inflicting injury upon him, -and- this necessarily presents for consideration the duty, if any, which the defendant company owed to Bracey as a volunteer rescuer.…
1Opinion of the CourtChief Justice Brantly
This action was brought by Alice Braeey in her own right, as the widow and heir of J. E. Braeey, deceased, and as guardian of her minor children, for damages for the death of said Braeey, which it is alleged was caused by the negligence of defendants. The death of Braeey was caused by fhe inhalation of poisonous gases during an attempt by him to rescue miners in the employ of the defendant company, in its coal mine at Red Lodge, in Carbon county, who had themselves been overcome by inhaling such gases while engaged in an effort to extinguish fire then burning in the mine.
The complaint is very…
2Cases cited13 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Corbin v. PhiladelphiaSupreme Court of Pennsylvania · 1900
- Gibney v. . StateNew York Court of Appeals · 1893
- Monson v. La France Copper Co.Montana Supreme Court · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
- Brown v. Columbia Amusement Co.Montana Supreme Court · 1931
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- American Express Co. v. TerryCourt of Appeals of Maryland · 1915
- Melville v. Butte-Balaklava Copper Co.Montana Supreme Court · 1913
17 more not listed; retrieve them via the Exa API.