Allen v. Bear Creek Coal Co.
Montana Supreme Court
Appeal from District Court, Carbon County; Sydney Fox, Judge. Action by John Allen against tbe Bear Creek Coal Company and others. From a judgment for plaintiff, and an order denying a new trial, defendants appeal. Even though there was a breach of duty on the part of the defendants in failing to sufficiently timber the room, no liability can flow from such breach of duty unless it be shown that it resulted in the injury. Hence that fact must be alleged in the pleading.
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Appeal from District Court, Carbon County; Sydney Fox, Judge. Action by John Allen against tbe Bear Creek Coal Company and others. From a judgment for plaintiff, and an order denying a new trial, defendants appeal. Even though there was a breach of duty on the part of the defendants in failing to sufficiently timber the room, no liability can flow from such breach of duty unless it be shown that it resulted in the injury. Hence that fact must be alleged in the pleading. Having failed to state the cause of the rock falling, the complaint does not contain “a statement of the facts constituting…
1Opinion of the CourtChief Justice Brantly
This action was brought by the plaintiff to recover damages for an injury suffered by him during the course of his employment by the Bear Creek Coal Company, as a coal miner. The defendant Hopka was the superintendent, having general control of the mines of the company, and defendant Fleming was the mine foreman. The complaint alleges:
“(4) That it was the duty of the said defendants, and each and all of them, on or about the 23d day of December, 1908, and at the time of the injury hereinafter coiúplained of and more particularly described, to sufficiently timber a certain place in said mine,…
2Cases cited24 opinions
- Murray v. HeinzeMontana Supreme Court · 1895
- Childs v. PtomeyMontana Supreme Court · 1896
- City of Goshen v. EnglandIndiana Supreme Court · 1889
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
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3Cited by52 opinions
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- Shannon v. Howard S. Wright Const. Co.Montana Supreme Court · 1979
- Tanner v. SmithMontana Supreme Court · 1934
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