Mulligan v. Montana Union Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County. J. J. McBatton, Judge. Actions by H. B. Mulligan and J. F. Featherkile against the Montana Union Railway Company. From an order in the Mulligan case sustaining plaintiff’s motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. These cases were both for the recovery of damages for personal injuries.
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Appeal from District Court, Silver Bow County. J. J. McBatton, Judge. Actions by H. B. Mulligan and J. F. Featherkile against the Montana Union Railway Company. From an order in the Mulligan case sustaining plaintiff’s motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. These cases were both for the recovery of damages for personal injuries. The plaintiff (respondent) Mulligan was a fire-, man upon the defendant (appellant) railroad company’s road. The plaintiff Featherkile was an engineer. Both were injured at the same time, and by…
1Opinion of the CourtHunt, J.
The plaintiffs (respondents) have not seen fit to appear by counsel or by brief in this court. We have, nevertheless, examined all the errors specified by respondent Mulligan in his motion for a new trial, to. determine whether any of *138them were well taken, and justified the lower court in granting the motion. In this examination, however, we have been precluded from considering the testimony, because the plaintiff did not base his motion for a new trial upon the insufficiency of the evidence to sustain the verdict in favor of the railroad company, or upon any other possible errors based “upon…
2Cases cited5 opinions
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
- Raymond v. ThextonMontana Supreme Court · 1888
- Goodwell v. Montana Central Railway Co.Montana Supreme Court · 1896
- Johnson v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1895
- Hastings v. Montana Union Railway Co.Montana Supreme Court · 1896
3Cited by13 opinions
- Cummings v. Reins Copper Co.Montana Supreme Court · 1910
- Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
- Missouri, O. & G. Ry. Co. v. SmithSupreme Court of Oklahoma · 1916
- Thurman v. Pittsburg & Montana Copper Co.Montana Supreme Court · 1910
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