Hoskins v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by Henry E. Hoskins against the Northern Pacific Railway Company and another. From a judgment for defendants, plaintiff appeals. Plaintiff having been in the employ of the government, and having transportation over the road, was a passenger entitled to all the protection which the railroad company was obliged to provide for its passengers.
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Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by Henry E. Hoskins against the Northern Pacific Railway Company and another. From a judgment for defendants, plaintiff appeals. Plaintiff having been in the employ of the government, and having transportation over the road, was a passenger entitled to all the protection which the railroad company was obliged to provide for its passengers. (6 Cyc. 542; Union B. & T. Co. v. Shacklet,_ 119 111. 232, 10 N. E. 896; Little Bock & Ft. Scott By. Co. v. Miles, 40 Ark. 298, 48 Am. Rep. 10; Waterhury v. New York Gent. By.…
1Opinion of the CourtJustice Smith
The complaint in this case alleges that plaintiff was a passenger on a passenger train of the deféndant running between Garrison and Butte, Montana; “that the said defendant, through its negligence and lack of care, allowed its railroad tracks to become out of repair, and in an unsafe condition to operate its said trains over; that on the day plaintiff was injured its said *398tracks in the neighborhood of the public road crossing, about one and one-half miles west of the Colusa smelter, were in a dangerous and unsafe condition, so that in running a train over the same there was danger of the…
2Cases cited19 opinions
- Raymond v. BlancgrassMontana Supreme Court · 1908
- Gulf, Colorado & Santa Fe Railway Co. v. WilsonTexas Supreme Court · 1891
- Donovan v. McDevittMontana Supreme Court · 1907
- Chicago, Burlington & Quincy Railroad v. GrablinNebraska Supreme Court · 1893
- Weber Wagon Co. v. KehlIllinois Supreme Court · 1892
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Jeffers v. Montana Power Co.Montana Supreme Court · 1923
- Moyse v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Beeler v. Butte & London Copper Development Co.Montana Supreme Court · 1910
- John H. Jackson v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1963
23 more not listed; retrieve them via the Exa API.