McGowan v. Nelson
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by James P. McGowan against George Nelson and Hans Pederson. From a judgment of nonsuit plaintiff appeals. Only such risks and dangers which an employee might observe or could observe are assumed. (McCabe v. Montana C. By.
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Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by James P. McGowan against George Nelson and Hans Pederson. From a judgment of nonsuit plaintiff appeals. Only such risks and dangers which an employee might observe or could observe are assumed. (McCabe v. Montana C. By. Co., 30 Mont. 323, 76 Pac. 701.) A case such as this should not be taken away from the jury unless only one conclusion could be drawn, and that conclusion would be, in our own case, that plaintiff had assumed the risk. (Cain v. Gold Mt. Min. Co., 27 Mont. 527, 71 Pac. 1004; Michener v.…
1Opinion of the CourtJustice Smith
This action was begun in the district court of Silver Bow county to recover of the defendants the sum of $5,000 damages, alleged to have been sustained by the plaintiff by reason of an injury received by him while in the employ of the defendants.
The charging part of the complaint is as follows: “That it was the duty of his (plaintiff’s) master, defendants, Nelson, and Pederson to use reasonable diligence and care to the end that this plaintiff have a safe place to work. That disregarding the said duty the defendants negligently allowed to remain piled, and caused to be piled, about twenty…
2Cases cited4 opinions
- Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906
- Jensen v. The Joseph B. ThomasDistrict Court, N.D. California · 1897
- Olsen v. Montana Ore Purchasing Co.Montana Supreme Court · 1907
- Howie v. California Brewery Co.Montana Supreme Court · 1907
3Cited by19 opinions
- Maki v. Murray HospitalMontana Supreme Court · 1932
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Johnson v. HerringMontana Supreme Court · 1931
- State Ex Rel. Nagle v. NaughtonMontana Supreme Court · 1936
- Hollingsworth v. Davis-Daly Estates Copper Co.Montana Supreme Court · 1909
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