Flaherty v. Butte Electric Railway Co.
Montana Supreme Court
'Appeal from District Court, Silver Bow County; J. M. Clements, a Judge of the First Judicial District, in and for Lewis & Clark County, presiding. Action by Wilfred EL Flaherty, by Laura S. Flaherty, his guardian ad litem, against the Butte Electric Railway Company and another. From a judgment for plaintiff and an order denying a new trial, defendants appeal. The appellants predicate error upon the court’s granting plaintiff’s motion to file an amended complaint.
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'Appeal from District Court, Silver Bow County; J. M. Clements, a Judge of the First Judicial District, in and for Lewis & Clark County, presiding. Action by Wilfred EL Flaherty, by Laura S. Flaherty, his guardian ad litem, against the Butte Electric Railway Company and another. From a judgment for plaintiff and an order denying a new trial, defendants appeal. The appellants predicate error upon the court’s granting plaintiff’s motion to file an amended complaint. Amendments must not depart from the original cause of action, and must not state a new and distinct cause of action in place…
1Opinion of the CourtJustice Holloway
A statement of the facts of this case will be found in the opinion upon the former appeal. (Flaherty v. Butte Electric Ry. Co., 40 Mont. 454, 135 Am. St. Rep. 630, 107 Pac. 416.) Upon the return of the cause to the district court, plaintiff amended his complaint, and the issues being joined, a trial was had, which resulted in a verdict and judgment in his favor for $25,000. Defendants have appealed from the judgment and from an order denying them a new trial.
1. The complaint as originally drawn charged negligence in the operation of the car which resulted in the injury, particularly in that…
2Cases cited17 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Norris v. . KohlerNew York Court of Appeals · 1869
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1907
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Mize v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cullen v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1913
- White v. Chicago, M. & P. S. Ry. Co.Montana Supreme Court · 1914
- Carron v. GuidoIdaho Supreme Court · 1934
- Sawyer v. Somers Lumber Co.Montana Supreme Court · 1929
- Barrett v. ShipleyMontana Supreme Court · 1922
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