Robinson v. Helena Light & Ry. Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Alvin Robinson, a minor, by W. H. Hirst, his guardian ad litem, against the Helena Light' and Railway Company. Judgment for plaintiff, and defendant appeals from it and an order denying it a new trial.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Alvin Robinson, a minor, by W. H. Hirst, his guardian ad litem, against the Helena Light' and Railway Company. Judgment for plaintiff, and defendant appeals from it and an order denying it a new trial. In an action for damages resulting from personal injuries the plaintiff cannot recover on any other theory than that alleged in his complaint; and if a general allegation of negligence is followed by an enumeration and averment of specific acts, the plaintiff will be confined to proof of the negligence…
1Opinion of the CourtChief Justice Brantly
This action was brought by the plaintiff, a minor, through a guardian ad litem, for damages for ajpersonal injury alleged to have been suffered by him through the negligence of the defendant. Plaintiff had verdict and judgment. Defendant has appealed from the judgment and an order denying it a new trial.
*230The defendant owns and operates an electric railway constructed over and along certain streets in the city of Helena, and extending from the city to Ft. Harrison, situated several miles to the northwest, and is a common carrier of passengers. Between the city and Ft. Harrison there is a single…
2Cases cited48 opinions
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Harrison v. Sutter Street RailwayCalifornia Supreme Court · 1897
- Louisville, New Albany & Chicago Railway Co. v. BryanIndiana Supreme Court · 1886
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Florida Central & Peninsular Railroad v. BurneySupreme Court of Georgia · 1895
43 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Autio v. MillerMontana Supreme Court · 1932
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Frederick v. HaleMontana Supreme Court · 1910
- Sherris v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
- Moyse v. Northern Pacific Railway Co.Montana Supreme Court · 1910
24 more not listed; retrieve them via the Exa API.