Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.
Montana Supreme Court
Appeal from, District Court, Cascade County; J. B. Leslie, Judge. Action by Neis Nord against the Boston & Montana Consolidated Copper & Silver Mining Company. From a judgment of nonsuit, plaintiff appeals. Section 89 of the Code of Civil Procedure, Compiled Statutes of 1887, required the denial of each allegation of the complaint to be made positively or according, to the information and belief of the defendant. In State ex rel.
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Appeal from, District Court, Cascade County; J. B. Leslie, Judge. Action by Neis Nord against the Boston & Montana Consolidated Copper & Silver Mining Company. From a judgment of nonsuit, plaintiff appeals. Section 89 of the Code of Civil Procedure, Compiled Statutes of 1887, required the denial of each allegation of the complaint to be made positively or according, to the information and belief of the defendant. In State ex rel. Milstead v. Butte City Water Go., 18 Mont. 199 (approved in Bossiter v. Loeber, ib. 372), this court held bad a denial couched in these words: “As to whether relator…
1Opinion of the Court
MB, COMMISSIONER CLAYBERG
prepared the following, opinion for the court:
Appeal from a judgment of nonsuit. The action was for damages resulting from a personal injury caused by the alleged negligence of defendant in not using ordinary care to provide and maintain a reasonably safe place for plaintiff to work.
It appears from the record that defendant had constructed sis: ore bins, in a continuous line, for the purpose of receiving ore from loaded freight cars. Only three of these bins were at the time of the accident in actual use, and these were at the westerly end of the line. The nest bin to…
2Cases cited22 opinions
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Ball v. GussenhovenMontana Supreme Court · 1904
- Kennon v. GilmerMontana Supreme Court · 1882
- Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
- Cummings v. Helena & Livingston Smelting & Reduction Co.Montana Supreme Court · 1902
17 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Montague v. HansonMontana Supreme Court · 1909
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Conway v. Monidah TrustMontana Supreme Court · 1913
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Stephens v. ElliottMontana Supreme Court · 1907
24 more not listed; retrieve them via the Exa API.