Davis v. Freisheimer
Montana Supreme Court
Appeal from District Court, Missoula County; James M. Self, Judge. Action by Arthur G-. Davis against George Freisheimer. From a judgment for plaintiff, defendant appeals. The complaint is insufficient. It alleges no facts showing a causal relation or connection between any negligent act of the defendant and the space through which plaintiff fell causing his injuries. (Stones v. Chicago, M. & St. P. By. Co., 59 Mont. 342, 197 Pac. 252; Stricklin v. Chicago, M. & St. P. By.
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Appeal from District Court, Missoula County; James M. Self, Judge. Action by Arthur G-. Davis against George Freisheimer. From a judgment for plaintiff, defendant appeals. The complaint is insufficient. It alleges no facts showing a causal relation or connection between any negligent act of the defendant and the space through which plaintiff fell causing his injuries. (Stones v. Chicago, M. & St. P. By. Co., 59 Mont. 342, 197 Pac. 252; Stricklin v. Chicago, M. & St. P. By. Co., 59 Mont. 367, 197 Pae. 839; Monson v. LaFrance Copper Co., 39 Mont. 50, 133 Am. St. Rep. 549, 101 Pae. 243.) There…
1Opinion of the CourtChief Justice Callaway
The plaintiff, an employee of the defendant, while in the course of his employment fell into an elevator shaft in defendant’s store. Charging the accident to have been the result of defendant’s negligence, plaintiff brought this suit. There was a verdict for plaintiff in the sum of $5,000, upon which judgment was entered. Motion for a new trial having been denied, defendant appealed. The transcript embraces 314 printed pages, while the “briefs” contain 226. There are forty-six specifications of error. Were we to discuss them all, this opinion might rival one of the briefs in length. But as we…
2Cases cited15 opinions
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Stephens v. ElliottMontana Supreme Court · 1907
- Grant v. NihillMontana Supreme Court · 1922
- Hollingsworth v. Davis-Daly Estates Copper Co.Montana Supreme Court · 1909
- Cannon v. LewisMontana Supreme Court · 1896
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3Cited by9 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Brown v. Columbia Amusement Co.Montana Supreme Court · 1931
- McCulloch v. HortonMontana Supreme Court · 1936
- Gohn v. Butte Hotel Co.Montana Supreme Court · 1931
- Dickason v. DickasonMontana Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.