Hill v. Nelson Coal Co.
Montana Supreme Court
Appeal from District Court, Cascade Coimly; J. E. Ericlcson, Judge of the Eleventh Judicial District, presiding. Action by John Hill against the Nelson Coal Company. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals. There is a total absence of testimony as to what rule could have been adopted to prevent the accident, and no one has undertaken to testify to any rules in force in other mines that were not in force in this mine.
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Appeal from District Court, Cascade Coimly; J. E. Ericlcson, Judge of the Eleventh Judicial District, presiding. Action by John Hill against the Nelson Coal Company. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals. There is a total absence of testimony as to what rule could have been adopted to prevent the accident, and no one has undertaken to testify to any rules in force in other mines that were not in force in this mine. The case falls directly within the doctrine announced in Mitchell v. Boston & M. Con. etc. Min. Go., 37 Mont. 575, 584, 97…
1Opinion of the CourtJustice Smith
This is an action brought to recover damages on account of personal injuries received by the plaintiff while in the employ of the defendant as a miner at its coal mine in the vicinity of Sand Coulee, Montana. It appears from the evidence: That plaintiff was working as a pick miner in one of several long parallel rooms of the mine; that the room in which he was had been advanced a considerable distance farther than the adjoining room; that a wall of coal about fifteen feet wide was left between the rooms, and, in order to properly ventilate the mine, it was necessary to cut passages through…
2Cases cited16 opinions
- State ex rel. Carleton v. District CourtMontana Supreme Court · 1905
- Taylor v. Star Coal Co.Supreme Court of Iowa · 1899
- Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906
- Stephens v. ElliottMontana Supreme Court · 1907
- Hollingsworth v. Davis-Daly Estates Copper Co.Montana Supreme Court · 1909
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- O'Brien v. Corra-Rock Island Min. Co.Montana Supreme Court · 1909
- Kinsel v. North Butte Mining Co.Montana Supreme Court · 1912
- State v. IsraelMontana Supreme Court · 1950
- Verlinda v. Stone & Webster Engineering Corp.Montana Supreme Court · 1911
- State Ex Rel. Coleman v. District Court of Fifth Dist.Montana Supreme Court · 1947
7 more not listed; retrieve them via the Exa API.