Tudor v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from, District Court, Gallatin County; W. R. C. Stewart, Judge. Action by James S. Tudor against the Northern Pacific Railroad Company. Plaintiff recovered judgment, and from it and an order denying it a new trial, defendant appeals. submitted a brief; argued the cause orally.
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Appeal from, District Court, Gallatin County; W. R. C. Stewart, Judge. Action by James S. Tudor against the Northern Pacific Railroad Company. Plaintiff recovered judgment, and from it and an order denying it a new trial, defendant appeals. submitted a brief; argued the cause orally. “In pleading a cause of action growing out of the negligence of the defendant’s servant, it is necessary to allege that the servant was acting in the course of his duty at the time of the injury.” (6 Thompson on Negligence, sec. 7478.) Unless the complaint contains such an allegation, it cannot support a…
1Opinion of the CourtJustice Holloway
This is an action for damages for a personal injury. The plaintiff recovered judgment against the defendant railway company, and from that judgment and an order denying a new trial the railway company appealed. There are several assignments of error, but only one need be considered, as it is determinative of this appeal.
The plaintiff, who was a passenger upon defendant railway company’s train between Logan and Bozeman, was injured. In his complaint he charges negligence on the part of the carrier *460and the train conductor, as follows: ‘ ‘ That at Bozeman, -and before the train on which…
2Cases cited2 opinions
- Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
- Pierce v. Great Falls & Canada Railway Co.Montana Supreme Court · 1899
3Cited by4 opinions
- Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
- McIntyre v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
- Castle v. ThistedMontana Supreme Court · 1961
- State Ex Rel. Chicago, Milwaukee, St. P. & Pac. Railroad v. District CourtMontana Supreme Court · 1937