Legal Opinion

Callahan v. Chicago, Burlington & Quincy R.

Montana Supreme Court

Decided May 17, 1913No. 3,247PublishedCited by 31 opinions

Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by Matthew Callahan against the Chicago, Burlington & Quincy Railroad Company. From a judgment of nonsuit plaintiff appeals. Were the declarations of the conductor and the roadmaster admissible? Any attempt to set exact limitations to the rule of res gestae is futile.

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Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by Matthew Callahan against the Chicago, Burlington & Quincy Railroad Company. From a judgment of nonsuit plaintiff appeals. Were the declarations of the conductor and the roadmaster admissible? Any attempt to set exact limitations to the rule of res gestae is futile. Cases may be found denying the right to introduce declarations made within a few seconds after the occurrence to which they relate; others justify their admission several hours thereafter, some excluding statements made anywhere except at the very…

1Opinion of the CourtChief Justice Brantly

Action by the plaintiff for damages for personal injuries suffered by him during the course of his employment by the defendant. The accident occurred on September 20, 1909. The defendant owned and was operating a line of railway extending through the states of South Dakota, Wyoming and into and through portions of the state of Montana, and was engaged as a common carrier in interstate commerce. The plaintiff was in its employ as extra gang foreman, having under his charge a crew of laborers engaged in making repairs upon its tracks. He and the crew were required to occupy and live in outfit…

2Cases cited18 opinions

  1. State v. McDanielSupreme Court of South Carolina · 1904
  2. Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
  3. Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
  4. Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
  5. State v. TigheMontana Supreme Court · 1903

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

3Cited by31 opinions

  1. Laurice v. Cox v. Esso Shipping CompanyCourt of Appeals for the Fifth Circuit · 1957
  2. Kudrna v. Comet Corp.Montana Supreme Court · 1977
  3. Chicago, St. P., M. & O. Ry. Co. v. KulpCourt of Appeals for the Eighth Circuit · 1939
  4. Whitney v. Northwest Greyhound Lines, Inc.Montana Supreme Court · 1952
  5. Sullivan v. Metropolitan Life InsuranceMontana Supreme Court · 1934

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

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