Pryor v. City of Walkerville
Montana Supreme Court
Appeal from, District Court, Silver Bow County; F. IF. Harney, Judge. Action for personal injuries by Sarah A. Prior against the city of Walkerville. Prom a judgment for plaintiff, defendant appeals. It was incumbent on the plaintiff to allege and prove that she was in the exercise of ordinary and proper prudence in going across the sidewalk, and was thus free from any contributory negligence.
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Appeal from, District Court, Silver Bow County; F. IF. Harney, Judge. Action for personal injuries by Sarah A. Prior against the city of Walkerville. Prom a judgment for plaintiff, defendant appeals. It was incumbent on the plaintiff to allege and prove that she was in the exercise of ordinary and proper prudence in going across the sidewalk, and was thus free from any contributory negligence. (Kennon v. Gilmer, 4 Mont. 435; Shearman and Eedfield on Negligence, Secs. 34, 281, and cases cited; Taillon v. Hears et al., 74 Pac. 421; Wall v. Helena Street Railway Company, 12 Mont. 44; Nelson v.…
1Opinion of the Court
MD. COMMISSIONED BLAKE
prepared the opinion for the court.
This action was commenced to récover damages for personal injuries sustained through the alleged negligence of defendant *621—a municipal corporation under 'the laws of the state — to keep-in good repair a certain street and sidewalk. The defendant appeals from a judgment entered upon a verdict for plaintiff. The transcript does not contain any testimony, bill of exceptions, or statement on motion for a new trial. It must be presumed that the evidence supports the judgment, and that the instructions are based upon the testimony. (Beatty v.…
2Cases cited11 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Shortel v. City of St. JosephSupreme Court of Missouri · 1891
- Prosser v. Montana Central RailroadMontana Supreme Court · 1895
- Power v. GumMontana Supreme Court · 1886
- Snook v. City of AnacondaMontana Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Colonial Refining Co. v. LathropSupreme Court of Oklahoma · 1917
- Irving v. Town of StevensvilleMontana Supreme Court · 1915
- Maring v. City of BillingsMontana Supreme Court · 1943