Harrington v. Butte, Anaconda & Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by Bernard Harrington, through Jeremiah.P. Harrington, his guardian ad litem, against the Butte, Anaconda and Pacific Eailway Company. From an order granting defendant a new trial, plaintiff appeals.
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Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by Bernard Harrington, through Jeremiah.P. Harrington, his guardian ad litem, against the Butte, Anaconda and Pacific Eailway Company. From an order granting defendant a new trial, plaintiff appeals. The court, in the exercise of its inherent power, performed its simple duty by refusing fo accept a chance verdict, and requiring the jury to agree upon a verdict. • The statute, section 1090 of Code of Civil Procedure, provides for the supervision of the court over the verdict. (See, also, People v. Jenkins, 56 Cal.…
1Opinion of the CourtChief Justice Brantly
The plaintiff, an infant, brought this action by his guardian ad litem, to recover damages for a personal injury alleged to have been occasioned by the negligence of the defendant through its servants and employees, in running its cars at a point upon its line of road where it crosses a highway called “North Wyoming Street,” immediately north of the city of Butte.
The defendant is the owner of a line of road running from Anaconda to Butte, with the usual necessary sidetracks, switches, spurs, etc. At the point where the accident occurred there are two tracks on a grade ascending from the east…
2Cases cited6 opinions
- State v. FullerMontana Supreme Court · 1906
- Ogle v. PotterMontana Supreme Court · 1900
- Upton v. LarkinMontana Supreme Court · 1888
- Cannon v. LewisMontana Supreme Court · 1896
- Morris v. BurkeMontana Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Frederick v. HaleMontana Supreme Court · 1910
- City of Butte v. GoodwinMontana Supreme Court · 1913
- Surman v. CruseMontana Supreme Court · 1920
- Zanos v. Great Northern Ry. Co.Montana Supreme Court · 1921
- Seibel v. ByersMontana Supreme Court · 1959
11 more not listed; retrieve them via the Exa API.