Legal Opinion

Olsen v. Montana Ore Purchasing Co.

Montana Supreme Court

Decided April 20, 1907No. 2,398PublishedCited by 17 opinions

Appeal from, District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Alice Olsen, administratrix of tbe estate of Samuel Olsen, against the Montana Ore Purchasing Company. From a judgment for plaintiff, and an order denying it a new trial, der fendant appeals. Exemplary damages are not recoverable in an action of this nature. (Sneed v. Marysville etc. Electric Co., 149 Cal. 704, 87 Pac. 376; Langt v. Schoettler, 115 Cal. 388, 47 Pae. 139; Atchison By.

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Appeal from, District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Alice Olsen, administratrix of tbe estate of Samuel Olsen, against the Montana Ore Purchasing Company. From a judgment for plaintiff, and an order denying it a new trial, der fendant appeals. Exemplary damages are not recoverable in an action of this nature. (Sneed v. Marysville etc. Electric Co., 149 Cal. 704, 87 Pac. 376; Langt v. Schoettler, 115 Cal. 388, 47 Pae. 139; Atchison By. Co. v. Townsend, 71 Kan. 524, 81 Pac. 205; 13 Cyc. 363, and note, where cases will be found collated; see, also, Merchants’ & P.…

1Opinion of the CourtJustice Smith

This action was begun in the district court of Silver Bow county by the plaintiff, as administratrix of the estate of Samuel *404Olsen, deceased, to recover damages for the death of said deceased against F. Augustus Heinze, Josiah H. Trerise, James Link, George White, Alfred Frank, Montana Ore Purchasing Company, Johnstown Mining Company, John MacGinniss, William Tyack and Thomas Knight.

The complaint alleges that on or about the first day of January, 1904, the defendants, well knowing, or having reason to believe, that said Samuel Olsen and many other men were working on the six hundred foot…

2Cases cited1 opinion

  1. Bourke v. Butte Electric & Power Co.Montana Supreme Court · 1905

3Cited by17 opinions

  1. Cashin v. Northern Pacific Railway Co.Montana Supreme Court · 1934
  2. Monson v. La France Copper Co.Montana Supreme Court · 1909
  3. Cummings v. Reins Copper Co.Montana Supreme Court · 1910
  4. State v. McCarthyMontana Supreme Court · 1907
  5. Kuiper v. Goodyear Tire & Rubber Co.Montana Supreme Court · 1983

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