Moyse v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by E. E. Moyse, against tbe Northern Pacific Railway Company and others. From a judgment for plaintiff, defendants appeal. The complaint is framed on the theory of liability to plaintiff, as one of its servants, for injuries received while in the active discharge of his duties in the course of his employment.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by E. E. Moyse, against tbe Northern Pacific Railway Company and others. From a judgment for plaintiff, defendants appeal. The complaint is framed on the theory of liability to plaintiff, as one of its servants, for injuries received while in the active discharge of his duties in the course of his employment. We insist that, though it is admitted that plaintiff was in the general employ of the company as a conductor, the evidence will not justify any finding that at the time of, or just before, the accident he was…
1Opinion of the CourtChief Justice Beantlt
Action by plaintiff for damages for personal injuries. On August 17, 1906, the plaintiff was in the employ of the defendant company as a conductor. The defendant Doyle was the yard foreman of the company, in charge of other employees in the actual discharge of his duties in directing the movement and disposition of ears in the yards of the company at Butte. Defendant Whalen was also in the employ of the company as foreman having general charge of the yards. At the time of the accident plaintiff was in a caboose of the company which stood on a sidetrack in the yards. The main and sidetracks…
2Cases cited13 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Bourke v. Butte Electric & Power Co.Montana Supreme Court · 1905
- International & Great Northern Railway Co. v. RyanTexas Supreme Court · 1891
- Ellsworth v. MetheneyCourt of Appeals for the Sixth Circuit · 1900
- St. Louis, Arkansas & Texas Railway Co. v. WelchTexas Supreme Court · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Landeen v. Toole County Refining Co.Montana Supreme Court · 1929
- Wirta v. North Butte Mining Co.Montana Supreme Court · 1922
- Frederick v. HaleMontana Supreme Court · 1910
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- Hollenback v. Stone & Webster Engineering Corp.Montana Supreme Court · 1913
18 more not listed; retrieve them via the Exa API.