Meisner v. City of Dillon
Montana Supreme Court
Appeal from District Court, Beaverhead County; M. II. Parlcer, Judge. Action bj Herman F. .Meisner against the city of Dillon. From a judgment for plaintiff, and from an order denying’ a motion for a new trial, defendant appeals. STATEMENT OE THE CASE. Tbis action was brought by Herman F. Meisner against the city of Dillon to recover damages for personal injuries alleged to have been caused by the negligence of the defendant city.
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Appeal from District Court, Beaverhead County; M. II. Parlcer, Judge. Action bj Herman F. .Meisner against the city of Dillon. From a judgment for plaintiff, and from an order denying’ a motion for a new trial, defendant appeals. STATEMENT OE THE CASE. Tbis action was brought by Herman F. Meisner against the city of Dillon to recover damages for personal injuries alleged to have been caused by the negligence of the defendant city. The complaint alleges that Hie city of Dillon is a municipal corporation; that during July, 1899, it negligently permitted a certain street crossing to be in an…
1Opinion of the CourtJustice Holloway
*1201. 'At the instance of the .plaintiff the court gave instruction No. 8, as follows: “You are instructed that when, without any' f aiilt of the driver, a horse becomes uncontrollable or runs away, it is regarded as an accidental occurrence, for which the driver is not responsible ; and when two causes combine, to produce an injury to a. traveler upon a highway, both of which are in their nature proximate, the one being a culpable defect in the highway and the other some occurrence for which neither party is responsible, the city is liable, provided the injury would not have been sustained but…
2Cases cited9 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Union Street Railway Co. v. StoneSupreme Court of Kansas · 1894
- Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Frederick v. HaleMontana Supreme Court · 1910
- Appalachian Power Co. v. WilsonSupreme Court of Virginia · 1925
- Stroud v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1926
- O'Brien v. Corra-Rock Island Min. Co.Montana Supreme Court · 1909
13 more not listed; retrieve them via the Exa API.