Mitchell v. Northern Pacific Railway Co.
Montana Supreme Court
Appeals from District Court, Silver Bow County, Edwin M. Lamb, Judge. Action by William Mitchell against the Northern Pacific Railroad Company and the Director-General of Railroads. From the judgment for plaintiff and an order denying a motion for a new trial, defendants appeal.
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Appeals from District Court, Silver Bow County, Edwin M. Lamb, Judge. Action by William Mitchell against the Northern Pacific Railroad Company and the Director-General of Railroads. From the judgment for plaintiff and an order denying a motion for a new trial, defendants appeal. Defendants’ demurrer on behalf of the Northern Pacific Railway Company, and their motion to substitute the Director-General as the sole defendant, and the first ground of the motion for a directed verdict, should have been sustained. (Ellis v. Atlanta, B. <$? A. By. Co., 270 Fed. 279; - Pullman Co. v. Sweeney, 269…
1Opinion of the Court
MR. COMMISSIONER LENTZ
prepared the opinion for the Court.
At about 3 P. M. on February 11, 1919, the plaintiff, while driving a Grant five-passenger automobile, was struck on a public crossing on a continuation of East Mercury Street, half a mile east of the city limits of the city of Butte, by an engine being operated on the railroad of the Northern Pacific Railway Company.
'At the point of collision the railroad runs approximately north and south, while the highway crossing is at right angles. To the south of the highway, extending parallel to it and 175 feet ‘from the point of collision,…
2Cases cited16 opinions
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919
- Ball v. GussenhovenMontana Supreme Court · 1904
- Carroll v. KingMontana Supreme Court · 1921
- Jenkins v. CollardSupreme Court of the United States · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Puutio v. RomanMontana Supreme Court · 1926
- Grant v. Chicago Etc. Ry. Co.Montana Supreme Court · 1927
- Pratt v. KistlerMontana Supreme Court · 1925
- Gerard v. SannerMontana Supreme Court · 1940