Harrer v. Northern Pacific Railway Company

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

Defendant-appellant, Northern Pacific Railway Company, brings this appeal from a declaratory judgment rendered in the district court of Gallatin County in favor of the plaintiff-respondent, Fred O. Harrer.

The facts are that in the days of the steam locomotive, the defendant maintained two sets of track between Bozeman and Logan, Montana. One of these tracks was direct and of fairly steep grade. To facilitate the movement of heavy freight trains, the company, in 1917, erected what is known as the “BozemanLogan Low Line.” The…