Osterholm v. Boston & Montana Con. C. & S. Mining Co.
Montana Supreme Court
Appeal from. District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by Charles Osterholm against the Boston and Montana Consolidated Copper and Silver Mining Company. Judgment for plaintiff, and defendant appeals from it and an order denying it a new trial.
Read the full summary
Appeal from. District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by Charles Osterholm against the Boston and Montana Consolidated Copper and Silver Mining Company. Judgment for plaintiff, and defendant appeals from it and an order denying it a new trial. The general rule is that in an action of this character where there is positive testimony as to what care and caution the injured person actually exercised to prevent or avoid the injury, it is error to admit testimony in relation to his habits as to sobriety and carefulness. (Illinois Central By. Co. v. Borders, 61 111. App.…
1Opinion of the CourtJustice Smith
The complaint in this action alleges: That on or about the eighteenth day of October, 1907, the defendant was operating the Greenleaf mine, in Silver Bow county, by means of a vertical shaft approximately 1,000 feet deep; that the cage in said shaft was without doors or safety gates and was not used for sinking; *516that on the day mentioned plaintiff was in the employ of the defendant as a miner, and while being hoisted in the cage “the defendant caused this plaintiff to slip through the open cage with no doors,” whereby he was permanently injured. The answer alleges: (1) That the cage was used…
2Cases cited32 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1908
- Green v. WellerMississippi Supreme Court · 1856
- Knisley v. . PrattNew York Court of Appeals · 1896
27 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Cruse v. FischlMontana Supreme Court · 1918
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- Cashin v. Northern Pacific Railway Co.Montana Supreme Court · 1934
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- State Ex Rel. Palagi v. ReganMontana Supreme Court · 1942
43 more not listed; retrieve them via the Exa API.