Legal Opinion

Lehane v. Butte Electric Ry. Co.

Montana Supreme Court

Decided November 11, 1908No. 2,568PublishedCited by 18 opinions

Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Patrick Lebane against tbe Butte Electric Railway Company. From a judgment for plaintiff and an order denying a new trial, defendant appealed. Tbe court erred in refusing to instruct tbe jury to find a verdict for defendant. Tbe verdict was clearly against tbe evidenee.

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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Patrick Lebane against tbe Butte Electric Railway Company. From a judgment for plaintiff and an order denying a new trial, defendant appealed. Tbe court erred in refusing to instruct tbe jury to find a verdict for defendant. Tbe verdict was clearly against tbe evidenee. While formerly it was held that if there was what was called a scintilla of evidence in support of a case the judge was bound to leave it to the jury, recent decisions of high authority have established the more reasonable rule: “that in every…

1Opinion of the CourtJustice Holloway

The plaintiff, Patrick Lehane, was injured in alighting from a street-ear owned and operated by the defendant company in the city of Butte, and brought this action to recover damages for the injuries sustained. A verdict was returned in his favor for $1,000, and a judgment was rendered and entered thereon, from which judgment and an order denying it a new trial the defendant railway company appeals.

It is elementary that on appeal this court will be confined to a consideration of questions arising upon the specifications of error contained in appellant’s brief. In this instance the assignments…

2Cases cited10 opinions

  1. Ball v. GussenhovenMontana Supreme Court · 1904
  2. Stephens v. ElliottMontana Supreme Court · 1907
  3. North Chicago Street Railroad v. WellnerIllinois Supreme Court · 1903
  4. Snook v. City of AnacondaMontana Supreme Court · 1901
  5. Bowen v. WebbMontana Supreme Court · 1908

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Murphy v. NettMontana Supreme Court · 1911
  2. Frederick v. HaleMontana Supreme Court · 1910
  3. Carroll v. KingMontana Supreme Court · 1921
  4. Independent Milk & Cream Co. v. Aetna Life InsuranceMontana Supreme Court · 1923
  5. Austin v. NeimanTexas Commission of Appeals · 1929

13 more not listed; retrieve them via the Exa API.

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