Prosser v. Montana Central Railroad
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. . Action for damages for ■ personal injuries. The cause was tried before Benton, J. Plaintiff had judgment below. I. Plaintiff was clearly guilty of contributory negligence, both in his attempt to mount an advancing car by standing be-' tween the rails, and in his failure to discover the bent condition of the brake staff, if the condition of the latter had any • thing to do with causing his fall.
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Appeal from Eighth Judicial District, Cascade County. . Action for damages for ■ personal injuries. The cause was tried before Benton, J. Plaintiff had judgment below. I. Plaintiff was clearly guilty of contributory negligence, both in his attempt to mount an advancing car by standing be-' tween the rails, and in his failure to discover the bent condition of the brake staff, if the condition of the latter had any • thing to do with causing his fall. The evidence shows that there was no real occasion or necessity for the plaintiff to put his life in jeopardy, and that he voluntarily adopted…
1Opinion of the CourtDe Witt, J.
This action was brought by plaintiff to recover damages for injuries received by him when in the employ of defendant as a brakeman and switchman. The plaintiff was engaged in switching cars at or near the station of Neihart, on the defendant’s railway. The engine used on this occasion was a road engine. The distinction between a road engine and a switch engine is this: The road engine has a pilot in front; a yard or switch engine has a foot board, both front and rear, upon which the brakemen and switchmen step and stand while switching cars. The engine in this case had been used on the work…
2Cases cited10 opinions
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- American Co. v. BradfordCalifornia Supreme Court · 1865
- Kennon v. GilmerMontana Supreme Court · 1882
- Swift v. MulkeyOregon Supreme Court · 1886
- Higley v. GilmerMontana Supreme Court · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Pickett v. KygerMontana Supreme Court · 1968
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Reynolds v. HenrySupreme Court of Iowa · 1921
- Marvel Schillie, Administratrix of the Estate of Marion Schillie, Deceased v. Atchison, Topeka & Santa Fe Railway Company, a CorporationCourt of Appeals for the Eighth Circuit · 1955
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
18 more not listed; retrieve them via the Exa API.