Sweeney v. Great Falls & Canada Railway Co.
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Action for damages for personal injuries. The cause was tried before Benton, J. The plaintiff had judgment below. I. The judgment should be reversed because the plaintiff wholly failed to prove the negligence alleged in the complaint, or any negligence on the part of the defendant.
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Appeal from Eighth Judicial District, Cascade County. Action for damages for personal injuries. The cause was tried before Benton, J. The plaintiff had judgment below. I. The judgment should be reversed because the plaintiff wholly failed to prove the negligence alleged in the complaint, or any negligence on the part of the defendant. The negligence-charged in the complaint is, that while the plaintiff, an employee of the defendant, was engaged in the performance of his duties as car repairer, and working under one of defendant’s cars, the defendant “ carelessly and negligently, and without…
1Opinion of the CourtHarwood, J.
Action to recover damages for personal injuries alleged to have been sustained by plaintiff through negligence and carelessness on the part of defendant in the operation of its railroad.
Defendant is a corporation organized and existing under the laws of this State, and owner of a line of railroad extending from Great Falls, Cascade County, to Lethbridge, together with side tracks, locomotives, and other rolling stock, etc., known as the “ Great Falls and Canada Railroad,” which railroad defendant was operating at the time the injury complained of happened. Plaintiff at that time was in the…
2Cases cited4 opinions
- Fabian v. CollinsMontana Supreme Court · 1878
- Orr v. HaskellMontana Supreme Court · 1874
- Beck v. BeckMontana Supreme Court · 1887
- Territory ex rel. Kenna v. CoxMontana Supreme Court · 1878
3Cited by6 opinions
- Walsh v. WallaceNevada Supreme Court · 1902
- Murphy v. PhelpsMontana Supreme Court · 1892
- Gould v. BarnardMontana Supreme Court · 1894
- McMaster v. Montana Union Railway Co.Montana Supreme Court · 1892
- Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
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