Linney v. Chicago, Milwaukee, St. Paul & Pacific Railroad

This action was brought to recover damages to an automobile, the property of plaintiff, resulting from a collision on a highway crossing at Three Forks, Montana, between the automobile and a string of railroad cars which was being moved in a westerly direction over the crossing.

The complaint was in two counts. In the first count of her complaint plaintiff alleged the corporate existence of, and ownership of the railroad tracks and yards by, the defendant through the corporate limits of the town of Three Forks; the existence of a public highway or street crossing the tracks of the defendant;…