Knuckey v. Butte Electric Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow Countyj John B. Mc-Clernan, Judge. Action by Frank Knuckey against the Butte Electric Bail-way Company and another. From a judgment in favor of plaintiff, defendants appeal. It is improper to join a master and servant as codefendants in a negligence case, where the master’s liability rests solely upon the doctrine of respondeat superior,' and not upon the participation by the master in the wrongful acts or omissions complained of.
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Appeal from District Court, Silver Bow Countyj John B. Mc-Clernan, Judge. Action by Frank Knuckey against the Butte Electric Bail-way Company and another. From a judgment in favor of plaintiff, defendants appeal. It is improper to join a master and servant as codefendants in a negligence case, where the master’s liability rests solely upon the doctrine of respondeat superior,' and not upon the participation by the master in the wrongful acts or omissions complained of. (See Parsons v. Winchell, 5 Cush. 592, 52 Am. Dec. 745; Hewett v. Swift, .3 Allen, 420; Bailey v. Bussing, 37 Conn. 349;…
1Opinion of the CourtJustice Smith
This is an action to recover damages on account of personal injuries, alleged to have been sustained by plaintiff while a passenger on one of the street-cars of the defendant Butte Elec*319trie Railway Company, in Butte, Silver Bow county. The complaint, after alleging that the destination of the plaintiff, on the night he was injured, was the intersection of Warren and East Galena streets, alleges: “That while plaintiff was such passenger, and at his destination, the place aforesaid, when in the act of getting out of and off from said car and being still thereon, to-wit, on the platform and…
2Cases cited18 opinions
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
- Mayberry v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1907
- Pennsylvania R. v. MacKinneySupreme Court of Pennsylvania · 1889
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Kennon v. GilmerMontana Supreme Court · 1882
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Frederick v. HaleMontana Supreme Court · 1910
- Skala v. LehonIllinois Supreme Court · 1931
- Fisher v. Butte Electric Railway Co.Montana Supreme Court · 1925
- McCrimmon v. MurrayMontana Supreme Court · 1911
- Surman v. CruseMontana Supreme Court · 1920
9 more not listed; retrieve them via the Exa API.