Kelley v. Cable Co.
Montana Supreme Court
Appeal from the Seecmd Judicial District, Deer Lodge County. STATEMENT. The plaintiff William Kelley, while at work in a mine belonging to the defendant, the Cable Company, of which he was an employee, struck his pick against some giant powder and sustained severe injuries from the explosion which ensued.
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Appeal from the Seecmd Judicial District, Deer Lodge County. STATEMENT. The plaintiff William Kelley, while at work in a mine belonging to the defendant, the Cable Company, of which he was an employee, struck his pick against some giant powder and sustained severe injuries from the explosion which ensued. He brought an action for damages, and the first trial resulting in favor of the company, appealed to the Supreme Court and obtained a reversal. {Kelley v. Cable Company, 7 Mont. 70.) The present appeal was from an order of the District Court setting aside a verdict in the plaintiff’s favor…
1Opinion of the CourtLiddell, J.
—A full statement of the pleadings and issues involved in this litigation will be found in a former opinion of this court, reported in 7 Mont. 70. We there reversed the judgment in favor of the defendant on the ground of conflicting and inconsistent instructions, and'remanded the cause for a new trial. The second trial has resulted in a verdict in the plaintiff’s favor for ten thousand dollars, which on a motion for a new trial was set aside by the judge a quo, and an appeal from that order brings the case before us for review. The defendant relied upon two grounds for a reversal of the…
2Cases cited4 opinions
- Daniels v. FosterWisconsin Supreme Court · 1870
- Kelley v. Cable Co.Montana Supreme Court · 1887
- Barrett v. HallU.S. Circuit Court for the District of Massachusetts · 1818
- American Middlings Purifier Co. v. ChristianU.S. Circuit Court for the District of Minnesota · 1877
3Cited by7 opinions
- Carlson v. Northern Pacific Railway Co.Montana Supreme Court · 1929
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Murray v. PolglaseMontana Supreme Court · 1899
- Markinovich v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
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