Mason v. Northern Pacific Railway Co.
Montana Supreme Court
:Appeal from District Court, Yellowstone Countyj George W. Pierson, Judge. Action by Myrta F. Mason, by Joseph E. Mason, her guardian ad litem, against the Northern Pacific Railway Company and another. Judgment for plaintiff. From an order granting defendants’ motion for a new trial she appeals. submitted a brief and argued the cause orally.
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:Appeal from District Court, Yellowstone Countyj George W. Pierson, Judge. Action by Myrta F. Mason, by Joseph E. Mason, her guardian ad litem, against the Northern Pacific Railway Company and another. Judgment for plaintiff. From an order granting defendants’ motion for a new trial she appeals. submitted a brief and argued the cause orally. When a person has stopped, looked and listened for the approach of a train at a certain point reasonably calculated to afford an opportunity of determining whether or not it is safe to make the crossing, and thereafter continues to listen until he reaches…
1Opinion of the CourtJustice Smith
This is an appeal by plaintiff from an order granting a new trial. She brought her action to recover damages for personal injuries alleged to have been sustained by reason of the negligence of the defendants in running a passenger train upon and against her at a public highway railroad crossing in Yellowstone county. The cause was tried to a jury which rendered a verdict against the defendants. On their motion a new trial was granted.
The facts of the ease as shown by plaintiff’s evidence are substantially these: On December 23, 1909, when sixteen years of age, accompanied by her brother…
2Cited by12 opinions
- Autio v. MillerMontana Supreme Court · 1932
- Conway v. Monidah TrustMontana Supreme Court · 1913
- Sztaba v. Great Northern Railway Co.Montana Supreme Court · 1966
- Walters v. Chicago, Milwaukee & Puget Sound Ry. Co.Montana Supreme Court · 1913
- Grant v. Chicago Etc. Ry. Co.Montana Supreme Court · 1927
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