Kelley v. Cable Co.
Montana Supreme Court
Appeal from District Court, Deer Lodge County. A corporation can act only through agents; and (save that of a mere servant to a co-servant) is liable for their negligence, whatever may be the grade of their employment. It is a master’s duty to ascertain the existence of concealed danger, and to warn a servant who is ignorant of it. A servant does not assume the risk of such danger.
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Appeal from District Court, Deer Lodge County. A corporation can act only through agents; and (save that of a mere servant to a co-servant) is liable for their negligence, whatever may be the grade of their employment. It is a master’s duty to ascertain the existence of concealed danger, and to warn a servant who is ignorant of it. A servant does not assume the risk of such danger. A master's failure to provide proper rules for the protection of servants against concealed danger is a neglect of duty. The defendant is liable for the negligence of its superior employee to an inferior employee.…
1Opinion of the CourtMcLeary, J.
The plaintiff, William Kelley, brought this action against the defendant, the Cable Company, to recover damages in the sum of thirty thousand dollars for personal injuries sustained by him while working as a carman in the defendant’s mine. There was a trial by jury, and a verdict for the defendant; and after motion for a new trial overruled, the plaintiff appeals to this court from the judgment, and from the order overruling the motion for a new trial. The following facts were admitted by the defendant, as appears from the record herein, to wit: That, at the time stated in the complaint, the…
2Cases cited4 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
- Fort Wayne, Jackson & Saginaw Railroad v. GildersleeveMichigan Supreme Court · 1876
- Diamond v. Northern Pac. R. Co.Montana Supreme Court · 1887
3Cited by16 opinions
- Pan-American Petroleum Transp. Co. v. Robins Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1922
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- State v. RollaMontana Supreme Court · 1898
- Stewart v. Stone & Webster Engineering Corp.Montana Supreme Court · 1911
- Allen v. BellMontana Supreme Court · 1905
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