Molt v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Missoula County; F. C. Webster, Judge. Action by C. F. Molt against tbe Northern Pacific Railway Company. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. The allegation of the second count is that defendant was required, but had negligently failed and neglected, to provide and furnish sufficient torches and oil, or such other good and sufficient means for properly lighting said pit, etc.
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Appeal from District Court, Missoula County; F. C. Webster, Judge. Action by C. F. Molt against tbe Northern Pacific Railway Company. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. The allegation of the second count is that defendant was required, but had negligently failed and neglected, to provide and furnish sufficient torches and oil, or such other good and sufficient means for properly lighting said pit, etc. And defendant would have fully met this alleged duty if it had placed oil, or any other suitable lighting appliance or material in a…
1Opinion of the CourtJustice Smith
Plaintiff alleges in his complaint that on the 3d day of March, 1906, he was an employee of the defendant company in its roundhouse at Missoula; that he was directed to go into a certain pit under a locomotive engine and clean parts of the engine; that the pit was in a dangerous condition by reason of the negligence of the defendant in failing to properly light the same; that it allowed parts of the engine, tools, blocks, and pieces of iron to accumulate therein; that plaintiff stepped upon said accumulation of engine parts and other materials, without knowing that they were there, was…
2Cases cited12 opinions
- Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909
- Harrington v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1908
- Knowles v. ThompsonCalifornia Supreme Court · 1901
- Nelson v. City of HelenaMontana Supreme Court · 1895
- Meehan v. Great Northern Railway Co.Montana Supreme Court · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Grant v. NihillMontana Supreme Court · 1922
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Page v. New York Realty Co.Montana Supreme Court · 1921
- Moreland v. Monarch Mining Co.Montana Supreme Court · 1919
23 more not listed; retrieve them via the Exa API.