Evans v. Oregon Short Line R. R.
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by John M. Evans, Jr., administrator of Gene Bare, against the Oregon Short Line Railroad Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by John M. Evans, Jr., administrator of Gene Bare, against the Oregon Short Line Railroad Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Under sections 6788 and 7190, Revised Codes, the granting of the last extension of time to prepare and serve the bill of exceptions was a nullity, and the court lost jurisdiction of the cause for the purpose of settling a bill of exceptions. (Lengelsen v. McGregor (Ind.) 70 N. E. 248; Bigler v. Bigler, 120 Ind. 431, 22 N. E. 776;…
1Opinion of the CourtChief Justice Brantly
This action was brought under the Federal Employers’ Liability Act (Act April 22, 1908, Chap. 149, 35 Stat. 65, and Amendment, Act April 5, 1910, Chap. 143, 36 Stat. 291, U. S. Comp. Stats. Supp. 1913, secs. 8657-8665). The plaintiff is the administrator of the estate of Gene Bare, deceased, and recovery is sought for damages for the death of Bare, caused by a collision of a passenger train of the defendant with two freight-cars, which were running wild on the defendant’s main line near Kidd Station, in Beaverhead county. The beneficiaries named in the complaint are the father and mother of…
2Cases cited4 opinions
- Ogle v. PotterMontana Supreme Court · 1900
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- Wright v. MathewsMontana Supreme Court · 1903
- Kirk v. SmithMontana Supreme Court · 1914
3Cited by11 opinions
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- Stabler v. AdamsonMontana Supreme Court · 1925
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- In Re the Marriage of BryantMontana Supreme Court · 1996
- Esterby v. Justice CourtMontana Supreme Court · 1953
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