Rohan v. Sherman & Reed
Montana Supreme Court
Appeals from District Court, Silver Bow County; Edwin M. Lamb, Judge. Action by Frank Roban against Sherman & Reed, a corporation, and another. Judgment for the plaintiff, and defendants appeal from the judgment and from the order denying their motion for a new trial. The latter part of instruction No. 5 directs the jury to find for the plaintiff as to negligence of the defendant, a corporation.
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Appeals from District Court, Silver Bow County; Edwin M. Lamb, Judge. Action by Frank Roban against Sherman & Reed, a corporation, and another. Judgment for the plaintiff, and defendants appeal from the judgment and from the order denying their motion for a new trial. The latter part of instruction No. 5 directs the jury to find for the plaintiff as to negligence of the defendant, a corporation. It deems that the defendant Earle Hutchinson had been guilty of some negligent act and that the jury should hold the corporation liable for this act. The instruction is not complete, for the reason…
1Opinion of the Court
MR. JUSTICE1 GALEN
delivered the opinion of the court.
In this case it appears that the defendant Sherman & Reed, a Montana corporation, is engaged in the taxicab business in the city of Butte, and that the defendant Earle Hutchinson was in the employ of the defendant corporation as a chauffeur or driver of one of its taxicabs. On December 24, 1916, the *521plaintiff was the owner of a certain automobile, and was carefully and lawfully driving it, in the conduct of his business as a taxicab driver for the carriage of passengers for hire, on Harrison Avenue, in the city of Butte, and while then and…
2Cases cited9 opinions
- Hoffman v. RoehlMontana Supreme Court · 1921
- Upton v. LarkinMontana Supreme Court · 1888
- Surman v. CruseMontana Supreme Court · 1920
- Cannon v. LewisMontana Supreme Court · 1896
- Harrington v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1908
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3Cited by2 opinions
- Richland County v. AndersonMontana Supreme Court · 1955
- Richland County v. AndersonMontana Supreme Court · 1955