Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 46

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 46

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...a racecourse and his patron who pays for the privilege of witnessing a race, and that existing between a common carrier and a passenger for hire, have experienced the greatest difficulty in formulating any reason for their position, and apparently equally as great difficulty in stating the rule to which they adhere. A case generally cited by the courts of the first class above as the leading case of that class is Franctes v. Cockrell, L. R. 5 Q. B. 184, involving facts somewhat similar to those before us in the present instance. In the English case the grand stand was erected by an independent contractor, but so negligently built that a part of it fell, resulting in injury to the plaintiff who had paid an admission fee to witness steeple-chase races. It was found that the defendant himself was without fault, and the only question for decision was whether he was to be held for the negligence of the independent contractor. The court of queen's bench held that he was liable. In the course of the opinion it is said: "The nearest analogy to this case seems to be afiorded by that of carriers of passengers. The carrier is paid for providing the means of transporting the passengers from place to place. The defendant received payment for providing the means of supporting the spectator at a particular place. This distinction does not appear to give rise to any dilference in principle between the contract to be implied in the one case and the other as to the safety of the means provided for carriage or support." And again: "We have already stated that we consider the same reasoning which is applicable to the case of a carrier of passengers is applicable to the case of a person who, like the plaintiff, provides places for...
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Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • English
  • Illustrations, black and white
  • 1236873629
  • 9781236873620