Longpre v. Big Blackfoot Milling Co.
Montana Supreme Court
Appeal from District Court, Missoula County; F. C. Welster, Judge. Action by Philip Longpre against tbe Big Blackfoot Milling Company. From a judgment for plaintiff, and from an order denying it a new trial, defendant appeals.
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Appeal from District Court, Missoula County; F. C. Welster, Judge. Action by Philip Longpre against tbe Big Blackfoot Milling Company. From a judgment for plaintiff, and from an order denying it a new trial, defendant appeals. In a ease of this ebaracter tbe burden is on tbe plaintiff to show that tbe tool or appliance by wbieb be was injured was not only defective, but was that character of tool which called for inspection, and care and prudence beyond that of purchasing tbe best in the market, of tbe best material and made by the best manufacturer. Tbe mere fact that tbe accident happened…
1Opinion of the CourtChief Justice Brantly
The plaintiff was in the employ of defendant in its logging camp as a common laborer. He was required in the course of his work to assist in handling and moving logs to get them in readiness for transportation to defendant’s mill. For this purpose he and his coemployees used cant-hooks furnished by defendant. It frequently happened that the wooden stocks or levers of these implements would be broken, and it became necessary to have them replaced by new ones. The new stocks were also furnished by the defendant, and the fitting was done at the blacksmithshop of defendant, usually by the…
2Cases cited22 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Wachsmuth v. Shaw Electric Crane Co.Michigan Supreme Court · 1898
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3Cited by27 opinions
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- George v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
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