Calder v. Anderson, 911 P.2d 1157 (1996)

Citation: Calder v. Anderson, 911 P.2d 1157 (1996)
Parent Document: Calder v. Anderson, 911 P.2d 1157 (1996)
Jurisdiction: Montana (state)
Effective Date: 1996-02-26
Original Source: https://www.courtlistener.com/opinion/884076/calder-v-anderson/ ↗

Full Text

927 chars

The dissenting opinion suggests that it is a proper function of this Court to decide as a matter of law when debris allowed to remain on a common walkway does or does not violate the obligation to keep the area clean and safe. The dissenting opinion suggests that the majority opinion has already passed judgment on that issue. However, that suggestion is incorrect. The majority opinion simply recognizes that pursuant to Article II, Section 26, of the Montana Constitution, and § 26-1-202, MCA, there is a right to have issues of fact tried by juries when the parties request a jury, or by the district court when the right to jury trial is waived. The dissent would have this Court apply that right on a sliding scale based on how impressed the members of this Court are with the merits of a party’s claim or defense. However, to do so would substantially blur the distinct functions of the fact finder and appellate review.

Other Sections in This Document (335)

Full Text