Nelson v. Boston & Montana Consolidated Copper & Silver Mining Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by John Nelson against the Boston and Montana Consolidated Copper and Silver Mining Company. Judgment for defendant. Plaintiff appeals from the judgment and from an order denying him a new trial.
1Opinion of the CourtJustice Smith
This is an action to recover damages for personal injuries sustained by plaintiff while in the employ of the defendant company, as a shoveler in one of its mines, in Silver Bow county. The breach of duty complained of by the plaintiff was the failure of the defendant to exercise ordinary care in providing him with a reasonably safe place in which to work. He alleges that the injury he received was occasioned by no fault of his own. Defendant answered, putting in issue the material allegations of the eomplaint, and pleading affirmatively that plaintiff knew the dangerous character of the work…
2Cases cited2 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Nelson v. City of HelenaMontana Supreme Court · 1895
3Cited by13 opinions
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Colonial Refining Co. v. LathropSupreme Court of Oklahoma · 1917
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
- Riley v. Northern Pacific Ry. Co.Montana Supreme Court · 1908
- Howard v. Flathead Independent Tel. Co.Montana Supreme Court · 1914
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