Dahmer v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County. Geo. W. Pierson, Judge. Action by John Dahmer against the Northern Pacific Bail-way Company and Michael McDonough.
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Appeal from District Court, Yellowstone County. Geo. W. Pierson, Judge. Action by John Dahmer against the Northern Pacific Bail-way Company and Michael McDonough. Plaintiff had judgment, and defendants appeal from it and an order denying them a new trial. . The question is presented on this appeal whether a liability for damages exists under the doctrine of “last clear chance,” where a person is injured upon a railroad track, at a place where he has no right to be, and where his presence could not be reasonably expected or anticipated, because of the failure of the engineer in charge of the…
1Opinion of the CourtChief Justice Brantly
A jury having returned a verdict for damages against the defendants for a personal injury alleged to have been inflicted upon plaintiff through their negligence, they have appealed from the judgment entered thereon and an order denying them a new trial. The accident occurred at Huntley, a small village in Yellowstone county, at the junction of the Chicago, Burlington & Quincy Railway with that of the defendant railway company. Both roads extend east and west through the village, the companies making use of the same depot or station, the track of the defendant company, with platform for the…
2Cases cited20 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Burns v. FisherMontana Supreme Court · 1957
- McIntyre v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
- Pollard v. Oregon Short Line R.R. Co.Montana Supreme Court · 1932
- Stricklin v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1921
- McIntyre v. Northern Pacific Railway Co.Montana Supreme Court · 1920
8 more not listed; retrieve them via the Exa API.