Mihelich v. Butte Electric Railway Co.

Prior to March 1, 1928, John Mihelich brought action against the Butte Electric Railway Company and Harry Melntire, a motorman in the employ of the company, for damages for injuries sustained when he was struck by one of the company’s street-cars at the Columbia Gardens near Butte.

It is apparent from the pleadings that the defendant company maintains a double track to the south of the Gardens, extending in an easterly and westerly direction, with loading platforms at the south entrance to the park to both the north and south of the double track; that at a point some 300 yards east of the…