(Download) "Green v. City of Roundup" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Green v. City of Roundup
- Author : Supreme Court of Montana
- Release Date : January 18, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
1. Statutory Construction ? Intention of the legislature. The Supreme Courts function in construing legislative enactments is, in determining the legislative intent, to give effect to all of the several provisions of a statute but such intention must be gathered from the language employed by the lawmakers and the court cannot insert omitted provisions or omit inserted provisions. 2. Municipal Corporations ? Notice of defect. The proviso of an amendatory statute, requiring actual notice to the municipality of a defect or obstruction in the street and written notice of the injury caused thereby, that it shall not exempt municipalities from liability for negligence in failing properly to place signs or signals warning of excavations or other obstructions in streets, refers to the whole statute, and hence means that the municipality shall not be exempt from liability because of lack of either actual notice of defect or written notice of the resulting injury under the specified conditions, so that notice of injury need not be given where such conditions prevail. 3. Evidence ? Admission without objection ? Effect. Where evidence, tending to show facts not alleged in complaint, was admitted without objection, the complaint, on appeal from the judgment of dismissal, will be deemed to have been amended to conform to proof. 4. Negligence not imputed. Generally, a motorists negligence is not imputed to a passenger in an automobile as a matter of law. 5. Duty of Automobile Passenger ? Ordinary care. A passenger in an automobile driven by another must take only such precautions for his own safety as are reasonable under the particular circumstances, but is not absolved from duty to use ordinary care. 6. Contributory Negligence of Passenger. One injured while riding as a mere gratuitous passenger in an automobile should not be held guilty of contributory negligence as matter of law, unless he actively participated in the drivers negligence, and was aware of drivers incompetence or carelessness, or, knowing that the driver was not taking proper precautions while approaching a place of danger, failed to warn or admonish the driver. - Page 250
 "Green v. City of Roundup" by Supreme Court of Montana * eBook PDF Kindle ePub Free){kind=link}