· 9/26/1985
Limberhand v. Big Ditch Co.
Citations
- 706 P.2d 491
- 218 Mont. 132
- 1985 Mont. LEXIS 896
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that test for determining duty owed by landowner to injured party is whether landowner exercised ordinary care under the circumstances, regardless of whether injured party is guest, invitee, or trespasser
- holding that test for determining duty owed by landowner to injured party is whether landowner exercised ordinary care under the circumstances, regardless of whether injured party is guest, invitee, or trespasser
- stating that the attractive nuisance doctrine in section 339 of the Restatement (Second
- stating that the attractive nuisance doctrine in section 339 of the Restatement (Second) of Torts is recognized in Montana, but holding that the \test is always not the status of the injured party but the exercise of ordinary care in the circumstances by the landowner\
- “It is well-settled law in Montana that the social guest of a tenant in the common areas of an apartment complex is afforded a degree of protection from harm in relation to the duty of a landlord.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sheehy, Turnage, Harrison, Morrison, Weber, Gulbrandson, Hunt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.