Vasby v. United States Gypsum Co.
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Lars Vasby against the United States Gypsum Company and Chas. Okerman, its foreman, to recover damages sustained by plaintiff in the course of his employment. Plaintiff had judgment for $10,500, and defendants appeal from it and an order denying them a new trial.
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Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Lars Vasby against the United States Gypsum Company and Chas. Okerman, its foreman, to recover damages sustained by plaintiff in the course of his employment. Plaintiff had judgment for $10,500, and defendants appeal from it and an order denying them a new trial. This action is based upon the allegation that the defendant, Charles Okerman, ordered the plaintiff to work in a dangerous place in the mine, where the plaintiff was hurt. Okerman was a fellow-servant of the plaintiff. (Goodwell v. Montana C. Ry. Co., 18 Mont.…
1Opinion of the CourtJustice Smith
This is an action brought to recover damages for personal injuries alleged to have been received by the plaintiff while working as a miner in a gypsum or stucco mine of the defendant company near Riceville, in Cascade county. It is alleged in the complaint that the defendant Okerman was mine foreman for the defendant company and was not a fellow-servant of plaintiff. It is also alleged that the roof of the mine, at a place known as the ‘ ‘ old tunnel, ’ ’ was insufficiently timbered and was unsafe and dangerous; that plaintiff was ordered by Okerman to work in said old tunnel after the latter…
2Cases cited7 opinions
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Ball v. GussenhovenMontana Supreme Court · 1904
- Kelley v. Fourth of July Mining Co.Montana Supreme Court · 1895
- Kinsel v. North Butte Mining Co.Montana Supreme Court · 1912
- Gregory v. Chicago, Milwaukee & St. Paul Railway Co.Montana Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Morelli v. Twohy Bros.Montana Supreme Court · 1918
- McGinnis v. PhillipsMontana Supreme Court · 1922
- State Ex Rel. Blenkner v. Stillwater CountyMontana Supreme Court · 1937
- Irving v. Town of StevensvilleMontana Supreme Court · 1915