Mosher v. Sutton's New Theater Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McCleman, Judge. Action by Charles "W. Mosher against Sutton’s New Theater Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. The master need exercise only ordinary care to provide the servant with a reasonably safe place to work. (Fearon v. Mullins, 35 Mont. 232, 88 Pae. 794; Leary v. Anaconda Copper Min. Co., 36 Mont. 157, 92 Pae. 477; Longpre v. Big Blackfoot Mill.
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Appeal from District Court, Silver Bow County; John B. McCleman, Judge. Action by Charles "W. Mosher against Sutton’s New Theater Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. The master need exercise only ordinary care to provide the servant with a reasonably safe place to work. (Fearon v. Mullins, 35 Mont. 232, 88 Pae. 794; Leary v. Anaconda Copper Min. Co., 36 Mont. 157, 92 Pae. 477; Longpre v. Big Blackfoot Mill. Co., 38 Mont. 99, 99 Pae. 131; Monson v. La France Copper Co., 39 Mont. 50, 133 Am. St. Rep. 549, 101 Pac. 243; Forquer v. North, 42…
1Opinion of the CourtJustice Sanner
The respondent, plaintiff below, brought this action to recover damages for injuries received by him as the result of a fall of some scenery at the appellant’s Broadway Theater, in Butte, on December 9, 1910. The complaint is in two so-called causes of action, the first charging a failure on the part of appellant, as plaintiff’s employer, to exercise reasonable care to furnish him with a reasonably safe place in which to work, and the second charging a failure on the part of appellant to use ordinary care to employ reasonably competent fellow-servants. The answer joins issue upon all the…
2Cases cited6 opinions
- Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
- Hoskins v. Northern Pacific Railway Co.Montana Supreme Court · 1909
- Forsell v. Pittsburgh & Montana Copper Co.Montana Supreme Court · 1909
- Beeler v. Butte & London Copper Development Co.Montana Supreme Court · 1910
- Westlake v. Keating Gold Mining Co.Montana Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Watts v. Billings Bench Water Assn.Montana Supreme Court · 1927
- American Livestock & Loan Co. v. Great Northern Ry. Co.Montana Supreme Court · 1914
- Baron v. BotsfordMontana Supreme Court · 1939
3 more not listed; retrieve them via the Exa API.