Jackson v. Lomas
Montana Supreme Court
Appeals from District Court, Silver Bow County; Edwin M. Lanib, Judge. Action by Elmer Jackson, by his guardian ad litem. W. M. Jackson, against C. T. Lomas. Judgment for plaintiff. Defendant appeals from it and from the order denying his motion for a new trial. A person is liable only for acts of negligence which proximately cause the injury alleged. If the violation of the ordinance pleaded was not the proximate cause of the injury, then defendant is not liable.
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Appeals from District Court, Silver Bow County; Edwin M. Lanib, Judge. Action by Elmer Jackson, by his guardian ad litem. W. M. Jackson, against C. T. Lomas. Judgment for plaintiff. Defendant appeals from it and from the order denying his motion for a new trial. A person is liable only for acts of negligence which proximately cause the injury alleged. If the violation of the ordinance pleaded was not the proximate cause of the injury, then defendant is not liable. (Meyer v. King, 72 Miss. 1, 35 L. R. A. 474, 16 South. 245.) The proximate cause of an injury is that which in a natural and…
1Opinion of the CourtJustice Galen
The amended complaint in this action, after alleging that the plaintiff is a minor, ten years of age, and the appointment of W. M. Jackson as his guardian ad litem, alleges: “That a long time prior to the ninth day of July, 1916, to-wit, on or about the twenty-second day of September, 1910, the city council of the city of Butte duly passed, and the then mayor did approve an ordinance, being Ordinance No. 948 of the series of ordinances of the city of Butte, which said ordinance was entitled: ‘An ordinance prohibiting the discharge of fireworks and other pyrotechnic display [s] and to prohibit…
2Cases cited11 opinions
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Watts v. Montgomery Traction Co.Supreme Court of Alabama · 1912
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Lloyd v. North Carolina RailroadSupreme Court of North Carolina · 1909
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3Cited by4 opinions
- Lencioni v. LongMontana Supreme Court · 1961
- Waller v. EngelkeMontana Supreme Court · 1987
- Davis v. DavisNevada Supreme Court · 1932
- Fox v. Superior Oil Co.Supreme Court of Oklahoma · 1940