Martin v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J.\ Miller Smith, Judge. Action by Maggie Martin against tbe Northern Pacific Railway Company. Judgment for tbe plaintiff and defendant appeals. In order to avoid tbe defense of tbe doctrine of the turntable cases, it is necessary to allege that tbe thing which caused the injury was not only a thing peculiarly attractive to children, but also that it was a dangerous machine or other dangerous thing.
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Appeal from District Court, Lewis and Clark County; J.\ Miller Smith, Judge. Action by Maggie Martin against tbe Northern Pacific Railway Company. Judgment for tbe plaintiff and defendant appeals. In order to avoid tbe defense of tbe doctrine of the turntable cases, it is necessary to allege that tbe thing which caused the injury was not only a thing peculiarly attractive to children, but also that it was a dangerous machine or other dangerous thing. (Sioux City & P. B. B. Co. v. Stout, 17 Wall. 657, 21 L. Ed. 745; Gates v. Northern Pacific By. Co., 37 Mont. 103, 94 Pac. 751; Driscoll v.…
1Opinion of the CourtJustice Holloway
This action was brought to recover damages for the death of James T. Martin, a seven year old boy who was found dead in a gondola car in the Northern Pacific yards at Helena on March 25, 1911, Anderson and Biggs, car inspectors, and McMasters, a yard watchman, all in the employ of the railway company, were joined as defendants. Throughout the pleadings, the court proceedings and in the briefs presented upon this appeal, the complaint is treated as containing four causes of action. It is alleged that the car in question was out of repair, in that the appliances for keeping the door-in place…
2Cases cited14 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- McDermott v. BurkeIllinois Supreme Court · 1912
- Scott v. Parlin & Orendorff Co.Illinois Supreme Court · 1910
- Conway v. Monidah TrustMontana Supreme Court · 1913
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3Cited by23 opinions
- Orr v. CrowderWest Virginia Supreme Court · 1984
- Fusselman v. Yellowstone Valley Land & Irrigation Co.Montana Supreme Court · 1917
- Gilna v. BarkerMontana Supreme Court · 1927
- Bredouw v. JonesSupreme Court of Oklahoma · 1967
- R.H. Grover, Inc. v. Flynn InsuranceMontana Supreme Court · 1989
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