McIntyre v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeals from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Muriel McIntyre, as administratrix of the estate of Fred Lautwe, deceased, against the Northern Pacific Railway Company, and others. From a judgment for defendants, and an order denying her a new trial, plaintiff appeals.
1Opinion of the CourtJustice Holloway
This action was brought to recover damages for the alleged wrongful death of Fred Lautwe, who was killed in the railroad yards at Butte in December, 1915, by being run over by a Northern Pacific locomotive in charge of Engineer C. A. Lawrence. The fireman, Williams, and brakeman, Finnegan, were joined as defendants.
It is alleged in the complaint that at the time of the accident the deceased was carelessly and negligently upon the railway right of way in a place of danger, but unobservant of the approach of the locomotive; that the individual defendants saw the deceased, saw that he was in…
2Cases cited11 opinions
- Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
- Hook v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Fusselman v. Yellowstone Valley Land & Irrigation Co.Montana Supreme Court · 1917
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
- Bean v. Missoula Lumber Co.Montana Supreme Court · 1909
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3Cited by35 opinions
- Casey v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Burns v. FisherMontana Supreme Court · 1957
- Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
- Pollard v. Oregon Short Line R.R. Co.Montana Supreme Court · 1932
30 more not listed; retrieve them via the Exa API.