Knop v. Chicago, Milwaukee & St. Paul Ry. Co.
Montana Supreme Court
Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by Louis G. Knop against the Chicago, Milwaukee & St. Paul Bailway Company. From a judgment for plaintiff, and from an order denying motion for new trial, defendant appeals.
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Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by Louis G. Knop against the Chicago, Milwaukee & St. Paul Bailway Company. From a judgment for plaintiff, and from an order denying motion for new trial, defendant appeals. The contention of the plaintiff in the trial of this case was, that the place where the plaintiff’s horses were killed should have been fenced by the defendant, and that since it was not fenced, prima facie the defendant was negligent and is liable for the value of the horses. The contention of the defendant was, that the place where the horses were…
1Opinion of the CourtJustice Hurly
Two of plaintiff’s horses were killed upon the track of defendant railway company near Garrison by one of its engines.
Plaintiff brought action and recovered judgment, from which, and an order denying a motion for a new trial, defendant appealed. .
It appears that the main line of defendant’s railway runs in a generally westerly or northwesterly direction from Garrison. Paralleling the same, commencing at a point near the depot, is a passing or side track, joining the main line at a point some distance west. The accident occurred about 200 to 300 feet east of the switch connecting the two…
2Cases cited8 opinions
- Freeman v. Chicago, M. & St. P. Ry. Co.Montana Supreme Court · 1916
- Baker v. Southern California Railway Co.California Supreme Court · 1896
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1916
- State v. NielsenMontana Supreme Court · 1920
- Wilmot v. Oregon RailroadOregon Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hunt v. White Sulphur Springs & Yellowstone Park Railway Co.Montana Supreme Court · 1922
- Bowers v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1921
- Ferrell v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1927