Sprague v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; W. R. C. Stew Action by Walter Sprague against the Northern Pacific Eailway Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Statement of the Case, by the Justice Dehivering the Opinion.
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Appeal from District Court, Gallatin County; W. R. C. Stew Action by Walter Sprague against the Northern Pacific Eailway Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Statement of the Case, by the Justice Dehivering the Opinion. The complaint in this action alleges that on June 23, 1907, Lester Nelson and Charles Chappel, the agents and employees of the plaintiff, were driving from Chestnut to Bozeman in a buggy, and leading two horses belonging to the plaintiff; that at a point near Gordon Siding the public road crosses the track of the…
1Opinion of the CourtJustice I-Iolloway
It is urged that the complaint does not state facts sufficient to constitute a cause of action, and that the evidence is not sufficient to sustain the verdict.
1. The attack upon the complaint proceeds upon the theory •that the pleading contains allegations from which the plaintiff’s negligence is plainly Inferable, and, since it does not plead exculpation from such negligence, it is insufficient under- the rule established in this state that, if the complaint shows that the act of the plaintiff was the proximate cause of the injury, it must set forth the facts showing that he was free from…
2Cases cited4 opinions
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
- Kennon v. GilmerMontana Supreme Court · 1882
- Badovinac v. Northern Pacific Railway Co.Montana Supreme Court · 1909
- Baltimore & Ohio Southwestern Railroad v. AbegglenIndiana Court of Appeals · 1908
3Cited by21 opinions
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- George v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Sztaba v. Great Northern Railway Co.Montana Supreme Court · 1966
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