Neary v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from, District Court, Yellowstone County; Sydney Fox, Judge. Action by Marie Neary in ber own right as heir at law of James S. Neary, deceased, and as guardian of her minor children, against the Northern Pacific Railway and A. J. Frost, one of its locomotive engineers. Judgment for defendants, and plaintiffs appeal. Contributory negligence is no answer to a suit for a willful killing nor for a death occasioned by gross and wanton carelessness.
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Appeal from, District Court, Yellowstone County; Sydney Fox, Judge. Action by Marie Neary in ber own right as heir at law of James S. Neary, deceased, and as guardian of her minor children, against the Northern Pacific Railway and A. J. Frost, one of its locomotive engineers. Judgment for defendants, and plaintiffs appeal. Contributory negligence is no answer to a suit for a willful killing nor for a death occasioned by gross and wanton carelessness. It is no defense in the criminal law and it is no defensa in a civil action for damages. The respondents contend that the engineer, at least…
1Opinion of the CourtChief Justice Brantly
This appeal presents for review a judgment upon a verdict directed for the defendants at the close of the evidence submitted by the plaintiff. The action was brought by the plaintiff Marie Neary in her own right as the widow and heir at law of James S. Neary, deceased, and as the guardian of her minor children, to recover damages for the death of the husband and *468father, which, it is charged, was caused by the negligence of the defendant railway company and its engineer.
The defendant company owns extensive yards at Billings, Mont. At this point the line of its railroad extends east and west,…
2Cases cited27 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
22 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Mally v. AsanovichMontana Supreme Court · 1967
- Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
- Pollard v. Oregon Short Line R.R. Co.Montana Supreme Court · 1932
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
16 more not listed; retrieve them via the Exa API.