Escallier v. Great Northern Ry. Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Frank Escallier against the Great Northern Railway Company and another. Judgment for defendants, and plaintiff appeals from it and an order denying him a new trial.
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Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Frank Escallier against the Great Northern Railway Company and another. Judgment for defendants, and plaintiff appeals from it and an order denying him a new trial. May one who is lulled into a feeling of security by the fact that the gates are open and the statutory signals of trains at crossings are not given be charged with contributory negligence, as a matter of law, if he fails to stop, look and listen for danger before making the crossing? The case at bar is distinguished from the Meehan Gase by three…
1Opinion of the CourtChief Justice Brantly
This is an action by the plaintiff for damages for the death of a son, seventeen years of age, resulting from injuries alleged *243to have been caused by a collision with one of defendant company’s trains at a street crossing in the city of Butte. The complaint alleges: “Fifth. That on the 11th day of August, 1909, the said Albert Escallier, at .about the hour of 10 o’clock in the afternoon of said day, was proceeding along said Talbot avenue, and, while crossing defendant’s railroad at said Braund House crossing, was run into and over by one of defendant’s trains, consisting of an engine and…
2Cases cited14 opinions
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
- Linkhauf v. . LombardNew York Court of Appeals · 1893
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Loudon v. ScottMontana Supreme Court · 1920
- State v. GaimosMontana Supreme Court · 1916
- Lee v. Stockmen's National BankMontana Supreme Court · 1922
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- McIntyre v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
57 more not listed; retrieve them via the Exa API.