Fearon v. Mullins
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McGlernan, Judge. Action by Sarah Fearon against Patrick Mullins. From a judgment for plaintiff and an order denying him a new trial, defendant appeals. In a case of this character, it is not sufficient to allege that a duty existed upon the part of the defendant and that he violated such duty; but the facts must be stated showing the legal liability.
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Appeal from District Court, Silver Bow County; John B. McGlernan, Judge. Action by Sarah Fearon against Patrick Mullins. From a judgment for plaintiff and an order denying him a new trial, defendant appeals. In a case of this character, it is not sufficient to allege that a duty existed upon the part of the defendant and that he violated such duty; but the facts must be stated showing the legal liability. Unless the duty results in all eases from the stated facts, the complaint so framed will be bad. (6 Thompson on Negligence, secs. 7458, 7523, and cases cited; Hewson v. City of New Haven, 34…
1Opinion of the CourtChief Justice Brantly
The plaintiff brought this action to recover a judgment for damages for a personal injury alleged to have been caused by the negligence of the defendant.
The complaint, after alleging that defendant is the owner and occupant of a residence known as No. 623 West Granite street, in the city of Butte, proceeds: “That on or about the twenty-ninth day of August, A. D. 1904, plaintiff was employed by the defendant as a domestic, and during said time worked in and about the said hereinbefore mentioned premises, and that it then and there became and was the duty of the defendant to furnish the…
2Cases cited3 opinions
- Anderson v. Northern Pacific Ry. Co.Montana Supreme Court · 1906
- Leonard v. City of ButteMontana Supreme Court · 1901
- Martin v. City of ButteMontana Supreme Court · 1906
3Cited by8 opinions
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Hollingsworth v. Davis-Daly Estates Copper Co.Montana Supreme Court · 1909
- Reino v. Montana Mineral Land Development Co.Montana Supreme Court · 1909
- Poor v. Madison River Power Co.Montana Supreme Court · 1909
- Markinovich v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
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