Wastl v. Montana Union Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow, County; William Clancy, Judge. Action by Peter Wastl against the Montana Union Railway Company. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Statement op the Case. This is an action for damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant.
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Appeal from District Court, Silver Bow, County; William Clancy, Judge. Action by Peter Wastl against the Montana Union Railway Company. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Statement op the Case. This is an action for damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant. A judgment for the plaintiff was reversed on a former appeal, and the cause was remanded for a new trial. (17 Mont. 213, 42 Pac. 772.) Before the second trial in the district court the complaint was amended so as to…
1Opinion of the CourtChief Justice Brantly
The appellant asks for a reversal of the judgment and order upon the following grounds: That the trial' court erred in
refusing to direct a nonsuit; that the evidence is insufficient to justify the verdict; that the trial court admitted improper evidence; that it erred in submitting certain instructions to the jury and in refusing to submit others requested; and that the verdict is excessive.
1. This suit was brought under Section 697, Fifth Division, Compiled Statutes 1887. This section was construed and applied in Criswell v. Montana Central Railway Co., 17 *164Mont. 189, 42 Pac. 767. The…
2Cases cited21 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Barney v. Winona & St. Peter RailroadSupreme Court of the United States · 1886
- Klauber v. San Diego Street Car Co.California Supreme Court · 1893
- Pyle v. ClarkCourt of Appeals for the Eighth Circuit · 1897
- Prosser v. Montana Central RailroadMontana Supreme Court · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State ex rel. Hillis v. SullivanMontana Supreme Court · 1913
- Carlson v. Northern Pacific Railway Co.Montana Supreme Court · 1929
- Crocker v. JohnstonNew Mexico Supreme Court · 1939
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- O'BRIEN v. Great Northern Railroad CompanyMontana Supreme Court · 1966
21 more not listed; retrieve them via the Exa API.