Heck v. Northern Pacific Ry. Co.
Montana Supreme Court
'Appeals from; District Court, Gallatin County, in the Ninth Judicial District; A. C. Spencer, a Judge of the Thirteenth District, Presiding. Action by Mrs. N. H. Heck against the Northern Pacific Bailway Company. From a judgment of nonsuit and an order denying plaintiff a new trial, she appeals.
Read the full summary
'Appeals from; District Court, Gallatin County, in the Ninth Judicial District; A. C. Spencer, a Judge of the Thirteenth District, Presiding. Action by Mrs. N. H. Heck against the Northern Pacific Bailway Company. From a judgment of nonsuit and an order denying plaintiff a new trial, she appeals. The issue on these appeals is purely one of law, to be determined from admitted facts, to-wit: (a) The fact that plaintiff was a passenger for hire at the time of the injury, (b) That the step-box was an appliance under the exclusive charge, custody and control of the respondent railway company. (e)…
1Opinion of the CourtJustice Holloway
Upon the trial of this cause, the court sustained a motion for a nonsuit and directed a judgment dismissing the complaint. From that judgment and from an -order denying a new trial these-appeals are prosecuted.
The plaintiff was a passenger for reward upon defendant’s train from Belgrade to Bozeman. When the train had stopped *111at the station platform in Bozeman, the brakeman placed a step-box in proper position on the platform to enable passengers to embark and alight conveniently. When plaintiff stepped upon the step-box in leaving the train, her foot slipped and she fell, sustaining the…
2Cases cited13 opinions
- Jonosky v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
- Lyons v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Hoskins v. Northern Pacific Railway Co.Montana Supreme Court · 1909
- Pierce v. Great Falls & Canada Railway Co.Montana Supreme Court · 1899
- Louisville & Nashville Railroad v. O'BrienCourt of Appeals of Kentucky · 1915
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Yellow Cab Co. v. HodgsonSupreme Court of Colorado · 1932
- Morrison v. Pacific Northwest Public Service Co.Oregon Supreme Court · 1934
- Risken v. Northern Pacific Railway Co.Montana Supreme Court · 1960
- Gegere v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1928
- Lester Eblen Stiles v. Fred Gove, of the Estate of Ethel Gove, DeceasedCourt of Appeals for the Ninth Circuit · 1965
3 more not listed; retrieve them via the Exa API.