Kelley v. Cable Co.

Citations

• 8 Mont. 440

Syllabus

<p>Maseeh ahd Servant — Action for damages — Setting aside verdict. — The plaintiff sued the defendant, a mining corporation, for injuries sustained by him from the discharge of giant powder, while he was at work in its mine. He obtained a verdict, which the District Court set aside on a motion for a new trial. Held, the evidence in the case shows clearly that the plaintiff’s injuries resulted from an unavoidable accident incident to the risk of mining, for which the defendant was not responsible, and that the verdict was properly set aside.</p> <p>Aepeals — Farmer decision — Instructions. —Held, in the case at bar, that the decision on the former appeal (Kelley v. Cable Co. 7 Mont. 70) was the law of the case, and that the instructions given (see statement) seem to have been in • accordance with said decision, and the one refused (see statement) in conflict therewith.</p>