Higley v. Gilmer
Montana Supreme Court
Appeal from Thi/rd District, Lewis and GI,arke County. This action was brought by plaintiff to recover damages for injuries received by the upsetting of defendants’ stage coach. The action was tried at an adjourned session of the March term, 1877, of the third district court for Lewis and Clarke county.
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Appeal from Thi/rd District, Lewis and GI,arke County. This action was brought by plaintiff to recover damages for injuries received by the upsetting of defendants’ stage coach. The action was tried at an adjourned session of the March term, 1877, of the third district court for Lewis and Clarke county. The jury gave verdict for plaintiff for $5,000 damages, from which verdict and judgment thereon this appeal was brought. 1. By order of supreme court, which is in the nature of legislation, a term of the district court for the third district was fixed to be held in Lewis and Clarke county, in…
1Opinion of the CourtKjstowles, J.
The appellants are common carriers of passengers. The respondent was injured by the upsetting of one of appellant’s coaches upon which he was riding, and this action has been brought to recover damages for such injury. The legal propositions .presented in the case will be considered in the order in which they are introduced by the briefs of counsel.
The judgment in this cause was rendered at an adjourned term of the court for Lewis and Clarke counties. During the interval of adjournment a term of court in the same district in which Lewis and Clarke counties are situated, by the same judge, was…
2Cases cited12 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Daley v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1858
- State ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
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3Cited by27 opinions
- Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
- Ball v. GussenhovenMontana Supreme Court · 1904
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
- Kennon v. GilmerMontana Supreme Court · 1885
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
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