Badovinac v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourguin, Judge. Action by J. D. Badovinac against the Northern Pacific Railway Company for personal injuries. From a judgment for plaintiff and from an order denying a new trial, defendant apT peals. Plaintiff’s act in jumping from a moving train in the dark when he knew it was not at the depot, and when he did not expect the train to stop, constitutes negligence. (Victor v. Pennsylvania By.
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Appeal from District Court, Silver Bow County; Geo. M. Bourguin, Judge. Action by J. D. Badovinac against the Northern Pacific Railway Company for personal injuries. From a judgment for plaintiff and from an order denying a new trial, defendant apT peals. Plaintiff’s act in jumping from a moving train in the dark when he knew it was not at the depot, and when he did not expect the train to stop, constitutes negligence. (Victor v. Pennsylvania By. Co., 164 Pa. 195, 30 Atl. 381; Brown v. New York etc. By. Co., 181 Mass. 365, 63 N. E. 941; Jacob v. Flint etc. By. Co., 105 Mich. 450, 63 N. W.…
1Opinion of the CourtJustice Holloway
This is an action for damages for personal injuries. The plaintiff recovered judgment, and the defendant has appealed from the judgment and from an order denying it a new trial.
The complaint alleges that plaintiff became a passenger upon defendant’s train No. 6, bound from Butte to Chestnut; that as the train approached Chestnut a brakeman on the train called the station; that the train slackened its speed, but did not stop; that plaintiff went out upon the platform, and was directed by the brakeman to jump from the moving train; that it was dark and plaintiff could not tell that the train…
2Cases cited8 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Montague v. HansonMontana Supreme Court · 1909
- Kennon v. GilmerMontana Supreme Court · 1882
- Poor v. Madison River Power Co.Montana Supreme Court · 1909
- Thornton v. KaufmanMontana Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Conway v. Monidah TrustMontana Supreme Court · 1913
- Hollenback v. Stone & Webster Engineering Corp.Montana Supreme Court · 1913
- Sprague v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Howard v. Flathead Independent Tel. Co.Montana Supreme Court · 1914
- Lynes v. Northern Pacific Railway Co.Montana Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.