Kinsel v. North Butte Mining Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Forrest S. Kinsel against tbe North Butte Mining Company, From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Tbe motion for nonsuit should have been granted: (a) For the reason that the plaintiff did not show any negligence on the part of the defendant in any of the respects complained of in his complaint.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Forrest S. Kinsel against tbe North Butte Mining Company, From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Tbe motion for nonsuit should have been granted: (a) For the reason that the plaintiff did not show any negligence on the part of the defendant in any of the respects complained of in his complaint. If any negligence at all was shown, which we deny, it was in respect to matters not alleged in the complaint of plaintiff, and proof of them did not tend in the remotest…
1Opinion of the CourtJustice Smith
Action by employee against employer for damages growing out of personal injuries sustained in the Speculator mine. Plaintiff had a verdict and judgment for $1,500. Defendant appeals from the judgment and also from an order denying a new trial.
The complaint charges: “That the defendant commanded and ordered the plaintiff on the 27th day of January, 1910, to go to work at, and in obedience to such command, the plaintiff went to work at, No. 1696 stope connected with the main shaft of the defendant of the Speculator quartz lode min*453ing claim; that the defendant had negligently permitted the said…
2Cases cited21 opinions
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Cummings v. Reins Copper Co.Montana Supreme Court · 1910
- Hanley v. California Bridge & Construction Co.California Supreme Court · 1899
- Faren v. T. J. Sellers & Co.Supreme Court of Louisiana · 1887
- Sawyer v. J. M. Arnold Shoe Co.Supreme Judicial Court of Maine · 1897
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Willis v. Pilot Butte Mining Co.Montana Supreme Court · 1920
- Southern Railway Co. v. HowertonIndiana Supreme Court · 1914
- D'Hoodge v. McCannMontana Supreme Court · 1968
- Conway v. Monidah TrustMontana Supreme Court · 1916
- Morelli v. Twohy Bros.Montana Supreme Court · 1918
9 more not listed; retrieve them via the Exa API.