Herzig v. Sandberg
Montana Supreme Court
Appeals from District Court, Silver Bow County; John B. McClernan, Judge. Action by A. J. Herzig against A. C. and Annabell Sandberg. Prom a judgment for plaintiff and an order denying them a new trial, defendants appeal. Citing upon the question that it was error to deny the right to cross-examine plaintiff whether or not he had been drinking during the afternoon of the accident: People y. Eastwood, 14 N. Y. 562; Commonwealth y. Sturtivant, 117 Mass. 122, 134, 19 Am.
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Appeals from District Court, Silver Bow County; John B. McClernan, Judge. Action by A. J. Herzig against A. C. and Annabell Sandberg. Prom a judgment for plaintiff and an order denying them a new trial, defendants appeal. Citing upon the question that it was error to deny the right to cross-examine plaintiff whether or not he had been drinking during the afternoon of the accident: People y. Eastwood, 14 N. Y. 562; Commonwealth y. Sturtivant, 117 Mass. 122, 134, 19 Am. Rep. 401; Edwards v. Worcester, 172 Mass. 105, 51 N. B. 447; McFern y. Gardner, 121 Mo. App. 1, 11, 97 S. W. 972; Wabash B. B.…
1Opinion of the CourtJustice Holloway
Plaintiff was injured by being struck by an automobile. He charges the defendants with negligence in the following particulars: A. Failing to keep a lookout. B. Running the car at unreasonable speed. C. Violating the law of the road. D. Failing to give warning of the approach of the car. Issues were joined and the cause tried, resulting in a judgment for plaintiff. Defendants appealed from the judgment and from an order denying them a new trial.
The charges of negligence A and D should have been withdrawn from the jury’s consideration, as there was not any [1] evidence to support either; that…
2Cases cited12 opinions
- Buckstaff v. RussellSupreme Court of the United States · 1894
- Kipp v. SilvermanMontana Supreme Court · 1901
- Green v. StateCourt of Criminal Appeals of Texas · 1908
- Cunningham v. Austin & Northwestern Railway Co.Texas Supreme Court · 1895
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. O'ConnerIndiana Supreme Court · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wray v. Fairfield Amusement Co.Supreme Court of Connecticut · 1940
- Ashley v. Safeway Stores, Inc.Montana Supreme Court · 1935
- State v. RitzMontana Supreme Court · 1922
- State v. SorensonMontana Supreme Court · 1980
- McKeon v. KilduffMontana Supreme Court · 1929
12 more not listed; retrieve them via the Exa API.