Harrington v. Butte, Anaconda & Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. .Bourquin, Judge. Personal Injury action by Jeremiah P. Harrington against the ‘Butte, Anaconda & Pacific Eailway Company. From a judgment for plaintiff and from an order denying it a new trial, •defendant appeals. A child of tender years may be guilty of contributory negligence. (Krenzer v. Pittsburg C. 0. & St. L. By. Co., 151 Ind. •587, 68 Am. St. Rep. 252, 43 N. B. 649, 52 N. E. 220; Baltimore ■etc.
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Appeal from District Court, Silver Bow County; Geo. M. .Bourquin, Judge. Personal Injury action by Jeremiah P. Harrington against the ‘Butte, Anaconda & Pacific Eailway Company. From a judgment for plaintiff and from an order denying it a new trial, •defendant appeals. A child of tender years may be guilty of contributory negligence. (Krenzer v. Pittsburg C. 0. & St. L. By. Co., 151 Ind. •587, 68 Am. St. Rep. 252, 43 N. B. 649, 52 N. E. 220; Baltimore ■etc. Co. v. Breing, 25 Md. 378, 90 Am. Dec. 49; Trudell v. Grand Trunk By. Co., 126 Mich. 73, 85 N. W. 250, 53 L. R. A. 271; Oil ■City & B.…
1Opinion of the CourtJustice Holloway
Bernard Harrington was about five years and. eight months old on July 5, 1906, when he was injured by being run down by cars operated by the defendant railway company over its tracks in the northern part of the city of Butte. This action is brought by the father of the child for damages by way of compensation for the loss of the child’s services from the time of the injury until he should have reached the age of twenty-one years. The injury occurred at a point where a roadway of general travel crosses the defendant railway company’s tracks; as to whether it is a public street is left somewhat…
2Cases cited8 opinions
- Fox v. Oakland Consolidated Street RailwayCalifornia Supreme Court · 1897
- Nelson v. City of HelenaMontana Supreme Court · 1895
- Gibbons v. WilliamsMassachusetts Supreme Judicial Court · 1883
- Corbett v. Oregon Short Line RailroadUtah Supreme Court · 1903
- Jeffersonville, Madison, & Indianapolis Railroad v. BowenIndiana Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- George v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
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