Surman v. Cruse
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith and W. H. Poorman, Judges. Action by Dora Surman and others, as heirs at law of Stephen Surman, deceased, against Richard Cruse and others, administrators with will annexed of the estate of Thomas Cruse, deceased. From a judgment for defendants and from order denying them a new trial, plaintiffs appeal. The defendant Cruse was bound to use reasonable care to conduct his business in a reasonably safe manner.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith and W. H. Poorman, Judges. Action by Dora Surman and others, as heirs at law of Stephen Surman, deceased, against Richard Cruse and others, administrators with will annexed of the estate of Thomas Cruse, deceased. From a judgment for defendants and from order denying them a new trial, plaintiffs appeal. The defendant Cruse was bound to use reasonable care to conduct his business in a reasonably safe manner. A master has not the right to conduct his business in his own way, but must use reasonable care to select and use a…
1Opinion of the CourtJustice Holloway
Thomas Cruse in his lifetime owned and operated the Bald Mountain mine at Marysville. Stephen Surman was employed to work in the mine as a timberman, and while engaged in the discharge of his duties received injuries from which he died. This action was brought by his surviving widow and children to recover damages upon the theory that the death resulted from the employer’s negligence. After the action was instituted Mr. Cruse died, and his personal representatives were substituted. The trial of the cause resulted in a general verdict for defendants, and from the judgment entered thereon and…
2Cases cited18 opinions
- Frederick v. HaleMontana Supreme Court · 1910
- Garfield M. & M. Co. v. HammerMontana Supreme Court · 1886
- De Sandro v. Missoula Light & Water Co.Montana Supreme Court · 1913
- Bracey v. Northwestern Improvement Co.Montana Supreme Court · 1910
- Forquer v. Slater Brick Co.Montana Supreme Court · 1908
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
- Johnson v. HerringMontana Supreme Court · 1931
- Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
- State v. JacksonMontana Supreme Court · 1930
- Russell v. Sunburst Refining Co.Montana Supreme Court · 1928
17 more not listed; retrieve them via the Exa API.