Garvin v. Butte Electric Ry. Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Josephine Garvin against the Butte Electric Railway Company and another. From a judgment against defendant company it appeals. Statement of the Case by the Judge Delivering the Opinion.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Josephine Garvin against the Butte Electric Railway Company and another. From a judgment against defendant company it appeals. Statement of the Case by the Judge Delivering the Opinion. Josephine Garvin brought this action against the defendants Butte Electric Railway Company and J. R. Wharton, its general manager, on account of injuries alleged to have been received by her' as the result of a fall while she was getting off of one of defendant company’s street-cars in the city of Butte on January 24, 1914. At…
1Opinion of the Court
HONORABLE R. LEE WORD,
a Judge of the First Judicial District, sitting in place of the Chief Justice, delivered the opinion of the court.
At the argument counsel for the appellant company stated that the only question presented on this appeal was: Is the presence of snow upon the step of a street-car evidence of negligence sufficient to justify a verdict when the snow complained of was tracked upon the steps in the midst of a snowstorm and upon the very trip on which plaintiff was injured, there being no evidence that snow was allowed to accumulate upon the step of the car between the beginning…
2Cases cited6 opinions
- Palmer v. . Pennsylvania Co.New York Court of Appeals · 1888
- Neslie v. Second & Third Streets Passenger Railway Co.Supreme Court of Pennsylvania · 1886
- Riley v. Rhode Island CompanySupreme Court of Rhode Island · 1908
- Craig v. United Railways Co.Missouri Court of Appeals · 1913
- Haas v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gray v. City & County of San FranciscoCalifornia Court of Appeal · 1962
- Heck v. Northern Pacific Ry. Co.Montana Supreme Court · 1921