Cummings v. Reins Copper Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge, Action by A. B. Cummings against the Reins Copper Company and another. From a judgment for plaintiff and from an order denying their motions for a new trial, defendants appeal. This evidence was wholly insufficient to support a verdict in favor of the plaintiff. It was incumbent on plaintiff to show that the injury is the proximate result of the negligence alleged.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge, Action by A. B. Cummings against the Reins Copper Company and another. From a judgment for plaintiff and from an order denying their motions for a new trial, defendants appeal. This evidence was wholly insufficient to support a verdict in favor of the plaintiff. It was incumbent on plaintiff to show that the injury is the proximate result of the negligence alleged. (Taillon v. Mears, 29 Mont. 161, 74 Pac. 421; 29 Cyc. 595.) “Where the material facts are undisputed and only one inference can be drawn from them, it is the…
1Opinion of the CourtChief Justice Bbantly
This action was. brought to recover damages for personal injuries alleged to have been suffered by plaintiff during the course of his employment, as a miner, by the defendant Beins Copper Company. This defendant is a Montana corporation. The other defendant is a corporation organized under the laws of Great Britain, with its principal office in the city of London, and is doing business in Montana. For convenience they are referred to hereafter, respectively, as the “Copper Company” and the “London Company.”
It is alleged in the complaint, in substance, that on September 12, 1907, the plaintiff…
2Cases cited20 opinions
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
- Herring v. . HoppockNew York Court of Appeals · 1857
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Monson v. La France Copper Co.Montana Supreme Court · 1909
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3Cited by35 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Harrington v. H. D. Lee Mercantile Co.Montana Supreme Court · 1934
- Copenhaver v. Northern Pacific Railway Co.Montana Supreme Court · 1911
- D'Hoodge v. McCannMontana Supreme Court · 1968
- Ulrigg v. JonesMontana Supreme Court · 1995
30 more not listed; retrieve them via the Exa API.