Hollenback v. Stone & Webster Engineering Corp.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Matilde Hollenback against the Stone & Webster Engineering Corporation, and I. H. Gohrmley, its supervising engineer, to recover damages for the negligent killing of her minor son while in the employ of defendants. From a judgment in favor of plaintiff and an order denying it a new trial the defendant corporation appeals.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Matilde Hollenback against the Stone & Webster Engineering Corporation, and I. H. Gohrmley, its supervising engineer, to recover damages for the negligent killing of her minor son while in the employ of defendants. From a judgment in favor of plaintiff and an order denying it a new trial the defendant corporation appeals. Appellant, having provided a safe place for the deceased, had discharged its duty to him fully. When the place became unfit for work by flooding, and while the appellant was engaged in…
1Opinion of the CourtJustice Holloway
This is an action for damages for death by wrongful act. The plaintiff, the mother of the deceased, alleges that she is the sole surviving heir at law of John Hollenback, and that at the time of his death, she was altogether dependent upon him for heir support. At the time of the accident John Hollenback, a minor about nineteen years of age, was employed by the defend*567ant Stone & Webster Engineering Corporation as fireman for a hoisting engine at a time while the dam was being constructed across the Missouri river at Hauser Lake. A large force of men was employed and the work prosecuted…
2Cases cited18 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Rummell v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1886
- Kennon v. GilmerMontana Supreme Court · 1882
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
- Pennsylvania Co. v. McCaffreyIndiana Supreme Court · 1894
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3Cited by21 opinions
- Lemos v. MaddenWyoming Supreme Court · 1921
- Wyant v. DunnMontana Supreme Court · 1962
- Wise v. StaggMontana Supreme Court · 1933
- Austin v. NeimanTexas Commission of Appeals · 1929
- Booth & Flynn v. PriceSupreme Court of Arkansas · 1931
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