Legal Opinion

Ellinghouse v. Ajax Livestock Co.

Montana Supreme Court

Decided October 13, 1915No. 3,537PublishedCited by 59 opinions

Appeal from District Court, Beaverhead, County; J. B. Poindexter, Judge. Action by Rickard Ellinghouse against tbe Ajax Livestock Company. From a judgment for defendant, and an order denying him a new trial, plaintiff appeals. What acts of a servant are within the course of his employment must be determined by general and broad principles of law in each particular case. No hard-and-fast rule can be laid down.

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Appeal from District Court, Beaverhead, County; J. B. Poindexter, Judge. Action by Rickard Ellinghouse against tbe Ajax Livestock Company. From a judgment for defendant, and an order denying him a new trial, plaintiff appeals. What acts of a servant are within the course of his employment must be determined by general and broad principles of law in each particular case. No hard-and-fast rule can be laid down. A clear rule to determine whether a servant’s acts are within or without the course of his employment can be found in Labatt, Master & Servant (2d ed.) sec. 2274; see, also, sections…

1Opinion of the CourtChief Justice Brantly

Plaintiff brought this action for damages for the loss of his right hand through the alleged negligence of the defendant. At the trial the court sustained defendant’s motion for nonsuit. Judgment was entered accordingly. Plaintiff has appealed.

At the time of the accident plaintiff, with four others, was employed by C. H. Strowbridge and Fred H. Holman in the operation of an ordinary circular woodsaw which was‘propelled by steam. Strowbridge and Holman had contracted with the defendant, through Jacob Louk, the foreman in charge of the ranch, to saw a quantity of logs into lengths rendering…

2Cases cited21 opinions

  1. Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
  2. Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
  3. Stephens v. ConleyMontana Supreme Court · 1914
  4. Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
  5. Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904

16 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. Linda E. Lutz, as Parent and Next Friend of Catherine Lutz, a Minor v. United StatesCourt of Appeals for the Ninth Circuit · 1982
  2. Crawford v. PierseMontana Supreme Court · 1919
  3. Harrington v. H. D. Lee Mercantile Co.Montana Supreme Court · 1934
  4. Ashley v. Safeway Stores, Inc.Montana Supreme Court · 1935
  5. Staff v. Montana Petroleum Co.Montana Supreme Court · 1930

54 more not listed; retrieve them via the Exa API.

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