Legal Opinion

Gordon v. Northern Pacific Railway Co.

Montana Supreme Court

Decided November 8, 1909No. 2,697PublishedCited by 10 opinions

Appeal from District Court, Broadwater County; W. B. C. Stewart, Judge. Action by Clifford! Gordon against tbe Northern Pacific Railway Company and another. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial. The allegations of the complaint are noticeable for their absence of any claim for anything other than the injury to the right eye occasioned! by the loss of sight therein and the pain attendant thereto.

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Appeal from District Court, Broadwater County; W. B. C. Stewart, Judge. Action by Clifford! Gordon against tbe Northern Pacific Railway Company and another. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial. The allegations of the complaint are noticeable for their absence of any claim for anything other than the injury to the right eye occasioned! by the loss of sight therein and the pain attendant thereto. There is no general or broad allegation with reference to general suffering or the possibility of other disabilities under which proof of…

1Opinion of the CourtJustice Holloway

delivered! the opinion of the court.

In May, 1905, the plaintiff, Clifford Gordon, was employed by the Northern Pacific Railway Company, at Townsend. His employment required him to look after locomotives standing in the yards, to keep the fires burning, and to keep sufficient water in the boilers. In order to determine the quantity of water in the boiler, every locomotive is supplied with a water-gauge. This gauge is a glass tube with appropriate fastenings and connections, and indicates the amount of water in the boiler. The plaintiff’s employment required him to make a visual examination of…

2Cases cited6 opinions

  1. Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  2. Montgomery v. Lansing City Electric Railway Co.Michigan Supreme Court · 1894
  3. Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
  4. Rudomin v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
  5. Terre Haute & Indianapolis Railroad v. PritchardIndiana Court of Appeals · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Kornec v. Mike Horse Mining & Milling Co.Montana Supreme Court · 1947
  2. Cook-Reynolds Co. v. ChipmanMontana Supreme Court · 1913
  3. Rickards v. Aultman & Taylor Machinery Co.Montana Supreme Court · 1922
  4. McCulloch v. HortonMontana Supreme Court · 1937
  5. Jenkins v. Northern Pacific Ry. Co.Montana Supreme Court · 1911

5 more not listed; retrieve them via the Exa API.

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