Legal Opinion

McIntosh v. Jones

Montana Supreme Court

Decided February 1, 1908No. 2,480PublishedCited by 1 opinion

Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Edgar McIntosh against John O. Jones and another, partners, under the firm name of the Jones Transfer Company. From a judgment for plaintiff against defendant John O. Jones, and an order denying a new trial, defendant John O. Jones appeals.

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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Edgar McIntosh against John O. Jones and another, partners, under the firm name of the Jones Transfer Company. From a judgment for plaintiff against defendant John O. Jones, and an order denying a new trial, defendant John O. Jones appeals. The work to be performed by plaintiff and his assistant required no special skill or ability, and plaintiff’s own testimony showed that his assistant did everything that an ordinarily prudent man could have done. The mere occurrence of the accident did not make defendant…

1Opinion of the CourtJustice Smith

The above-entitled action was instituted in the district court of Silver Bow county to recover damages for personal injuries *470received by plaintiff through the negligence of a fellow-servant.

Plaintiff and his fellow-servant were engaged in moving a piano. Plaintiff, in his complaint, alleges: “That the defendant sent the said man and employed him to assist the plaintiff, either knowing him to be lacking in all skill in and about the said business, or negligently failed to find out whether the said man had any skill in and about the said business or not. That, while moving said piano * * * the…

2Cases cited5 opinions

  1. Baltimore Elevator Co. v. NealCourt of Appeals of Maryland · 1886
  2. Hatt v. NayMassachusetts Supreme Judicial Court · 1887
  3. Couch v. Watson Coal Co.Supreme Court of Iowa · 1877
  4. Huffman v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
  5. Burke v. Syracuse, Binghamton & New York RailroadNew York Supreme Court · 1893

3Cited by1 opinion

  1. Simplex Railway Appliance Co. v. KameradtIndiana Supreme Court · 1913

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