Hamilton v. Great Falls Street Railway Co.
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Action for damages for personal injuries. The case was tried before Benton, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. Action to recover for personal injuries. The defendant is a corporation, operating an electric street railway line in Great Falls.
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Appeal from Eighth Judicial District, Cascade County. Action for damages for personal injuries. The case was tried before Benton, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. Action to recover for personal injuries. The defendant is a corporation, operating an electric street railway line in Great Falls. After the formal allegations concerning the defendant’s corporate existence, etc., the complaint alleges that the cars of the company, at the time of the accident, consisted of an observation car, with seats for passengers only, and open at the…
1Opinion
ON EEHEAEIEG.
2Per curiam
1. Appellant asks for a rehearing. The first point urged is that the court should have decided whether the plaintiff, a married woman, could recover damages for any impairment of her capacity as a previously healthy woman, if she were such, to earn money.” We think she could. Plaintiff’s capacity to earn is her own, and she is entitled to *352recover for any diminution of her capacity to work that is shown to have resulted from the injury. It is unnecessary to decide in this case whether the profits or use of that capacity belong to another — the capacity is her own and for its…
3Cases cited6 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- Harmon v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1896
- Shanewerk v. City of Fort WorthCourt of Appeals of Texas · 1895
- Jordan v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1885
- Kennon v. GilmerMontana Supreme Court · 1889
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