Montague v. Hanson
Montana Supreme Court
Appeal from. District Court, Custer County; C. H. Loud, Judge. Action by John W. Montague against Charles Hanson. Judgment for plaintiff, and defendant appeals from it and an order denying him a new trial. Where the complaint shows that a proximate cause of plaintiff’s injury was the act of the plaintiff himself, it must also state his freedom from negligence in the doing of the act; otherwise the pleading is bad.
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Appeal from. District Court, Custer County; C. H. Loud, Judge. Action by John W. Montague against Charles Hanson. Judgment for plaintiff, and defendant appeals from it and an order denying him a new trial. Where the complaint shows that a proximate cause of plaintiff’s injury was the act of the plaintiff himself, it must also state his freedom from negligence in the doing of the act; otherwise the pleading is bad. (Kennon v. Gilmer, 4 Mont. 433, 2 Pac. 21; Nelson v. City of Helena, 16 Mont. 21, 39 Pae. 905; Hunter v. Montana C. By., 22 Mont. 534, 57 Pac. 140; Cummings v. Helena & L. S. <& B.…
1Opinion of the CourtChief Justice Brantly
Action for damages for a personal injury. At the time the injury occurred plaintiff was of the age of sixty-eight years. He had been engaged in farming and stockraising, and other pursuits requiring manual labor. The defendant is a merchant residing at Fallon, Custer county, where he keeps for sale a general stock of goods, wares, and merchandise, soliciting the patronage of the people residing in that vicinity and the public generally. The main room of his store building is seventy-five feet in length by twenty feet in width. Underneath is a cellar, reached by a cellar or stairway leading…
2Cases cited16 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Ball v. GussenhovenMontana Supreme Court · 1904
- Atlanta Cotton-Seed Oil Mills v. CoffeySupreme Court of Georgia · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
- J. G. Christopher Co. v. RussellSupreme Court of Florida · 1912
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- Teesdale v. Anschutz Drilling CompanyMontana Supreme Court · 1960
36 more not listed; retrieve them via the Exa API.