Lynes v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Lewis & Clark County; J. Miller Smith, Judge. Action by Albert Lynes against tbe Northern Pacific Railway Company and another. From a judgment for plaintiff and an order denying them a new trial, defendants appeal. For the first time the objection is now urged that the complaint does not state facts sufficient to constitute a cause of action.
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Appeal from District Court, Lewis & Clark County; J. Miller Smith, Judge. Action by Albert Lynes against tbe Northern Pacific Railway Company and another. From a judgment for plaintiff and an order denying them a new trial, defendants appeal. For the first time the objection is now urged that the complaint does not state facts sufficient to constitute a cause of action. Though there is no waiver of an objection of that character, the rule is that it is not looked on with favor, and that every legal intendment will be made by the court to support the pleading, which must be construed with the…
1Opinion of the CourtJustice Holloway
On June 1, 1906, Albert Lynes was employed by the Northern Pacific Eailway Company as a locomotive engineer, operating from Missoula west and particularly between the stations of De Smet and Eeid. His duty was to assist with his locomotive in drawing west-bound trains over the mountain.. On the morning of June 1 Lynes was ordered to attach his locomotive to the front of west-bound extra train No. 1300 and proceed westward. He was notified before leaving De Smet to meet east-bound extra train No. 1308 — of which the defendant Bell was the engineer in *321charge — at Beid, and, to effect the…
2Cases cited11 opinions
- Kennon v. GilmerMontana Supreme Court · 1882
- Western Assur. Co. of Toronto v. J. H. Mohlman Co.Court of Appeals for the Second Circuit · 1897
- Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
- McGlauflin v. WormserMontana Supreme Court · 1903
- Gallagher v. Market Street Railway Co. of San FranciscoCalifornia Supreme Court · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- State v. LingmanUtah Supreme Court · 1939
- Rauser v. Toston Irrigation DistrictMontana Supreme Court · 1977
- Melzner v. Northern Pacific Ry. Co.Montana Supreme Court · 1912
- Energy Oils, Inc. v. Montana Power Co.Court of Appeals for the Ninth Circuit · 1980
15 more not listed; retrieve them via the Exa API.