Melzner v. Raven Copper Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by A. B. Melzner, administrator of the estate of J. W. Martin, deceased, against the Raven Copper Company. From a judgment for plaintiff, and an order denying it a new trial, defendant appeals. Under section 6711, Revised Codes, a verdict may be returned against one only of several defendants, but it must be in favor of the other defendants.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by A. B. Melzner, administrator of the estate of J. W. Martin, deceased, against the Raven Copper Company. From a judgment for plaintiff, and an order denying it a new trial, defendant appeals. Under section 6711, Revised Codes, a verdict may be returned against one only of several defendants, but it must be in favor of the other defendants. A verdict in any other form is fatally defective and cannot stand; and it will not do to say that because the verdict in this case is against the Raven Copper Company alone,…
1Opinion of the CourtJustice Sanner
The respondent prosecutes this action as administrator of the estate of J. W. Martin, who died on March 11, 1910, leaving a widow and two children. The complaint, which is against appellant Raven Copper Company and Malcolm McPherson as defendants, details the cause and manner of Martin’s death as follows: He was foreman in the Raven mine, which was being operated by appellant through a shaft, by means of certain hoisting apparatus, including an engine, cable and skip, in charge of Malcolm McPherson as hoisting engineer; while in the performance of his duties as foreman and “on the said 11th…
2Cases cited11 opinions
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- Columbus & Western Railway Co. v. BradfordSupreme Court of Alabama · 1888
- Beeler v. Butte & London Copper Development Co.Montana Supreme Court · 1910
- Thurman v. Pittsburg & Montana Copper Co.Montana Supreme Court · 1910
- Territory v. BurnsMontana Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- Bosse v. MaryeCalifornia Court of Appeal · 1926
- Daniels v. Granite Bi-Metallic Con. Mining Co.Montana Supreme Court · 1919
12 more not listed; retrieve them via the Exa API.