13 Mont. 288 | Mont. | 1893
This is a suit for damages for personal injuries. The appellant, who was plaintiff below, alleges in his complaint that he is a skilled carpenter; that on March 5, 1891, he was employed by respondent to work on its mill at Great Falls; that on the twentieth day of March, 1891, while
The principal error complained of is the action of the trial court in directing the jury to render a verdict for the respondent. This action of the court was tantamount to directing a nonsuit against the appellant for failure of the proof to sustain the allegations of the complaint. (McKay v. Montana Union Ry. Co., ante, p. 15; Creek v. McManus, ante, p. 152.) If there was such failure of proof the action of the court was not error. The evidence does not disclose wherein any particular skill was required on the part of appellant’s colaborer to do the work he was employed in doing, or, if skill was necessary, wherein it was not exercised, or, if there was a lack of necessary skill, that the defendant had knowledge thereof, and that appellant was ignorant thereof. The evidence offered by plaintiff tends to show that he contributed to his own injury,
Appellant also complains of the action of- the court in permitting the cross-examination of the witness Harlander. Appellant placed the witness on the stand, and stated that “the witness would refer to the time and place Mr. Jorgenson fell for the purpose of fixing the time and place of other events in connection with the case, and does not wish to make the witness his witness as to the acts he was doing at the immediate time of the fall.” The witness swore to facts contemporaneous with the fall of the appellant, so closely connected with the main fact that we think there was no error in permitting his being cross-examined as to the entire ease, especially as he was the person to whose want of skill and care the appellant attributes his fall and injury.
The appellant also claims that the trial court erred in permitting defendant to amend its answer while the jury was being impaneled. It does not appear that appellant was surprised, or in any way injured or inconvenienced, by the amendment. No postponement or continuance of the cause was rendered necessary thereby, or demanded .on account thereof, by appellant.
The appellant’s deposition was read by his counsel in evidence at the trial, he not being present. Counsel for appellant did not, for some reason, desire to read the whole thereof to the jury. At the request of the defendant the court required the appellant’s counsel to read the whole thereof. This is urged as error. Without inquiring whether this was error or not, it is apparent the appellant was not injured, as the part of the deposition the appellant sought to omit referred to the contract for nursing and medical treatment set up in the complaint, and the reading thereof to the jury could not possibly damage the appellant. We have been unable to discover any substantial errors in the rulings and action of the trial court in the trial of this cause. The case seems to us to be void of merit, on the appellant’s own showing. The judgment of the court below is affirmed.
Affirmed.