Criswell v. Montana Central Railway Co.

Having decided by the opinion of the chief justice that section 697 of the Compiled Statutes of 1887 *168(Fifth Division) modified the common law rule in regard to the liability of railroad companies to their servants for the negligence of servants of a higher grade (17 Mont. 189), the court granted a rehearing upon this further question, which was not urged upon the original argument, but which became vital in consequence of the views of the court, namely : TV hat effect did section 11 of Article XY of the constitution of the state have upon said section 697 of the Compiled Statutes ?

Section 697…