Legal Opinion

McCabe v. Montana Central Railway Co.

Montana Supreme Court

Decided May 6, 1904No. 1,822PublishedCited by 24 opinions

Appeal from- District Court, Cascade Countyj J. B. Leslie, Judge. Action by Joseph D’. McCabe against the Montana Central Railway Company. From a judgment of nonsuit, and from an order denying; a new trial, plaintiff appeals. That defendant was negligent, or at least that it was a question for the jury to say whether or not the defendant was negligent under the circumstances proved in this case, is established to a certainty by the courts of last resort of all the states.

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Appeal from- District Court, Cascade Countyj J. B. Leslie, Judge. Action by Joseph D’. McCabe against the Montana Central Railway Company. From a judgment of nonsuit, and from an order denying; a new trial, plaintiff appeals. That defendant was negligent, or at least that it was a question for the jury to say whether or not the defendant was negligent under the circumstances proved in this case, is established to a certainty by the courts of last resort of all the states. Alabama — By. v. Davis, 92; Ala. 300; By. v. Thompson, 94 Ala. 636; By. v. Burton, 12 So. Rep. 88; By. v. Bouldin, 25 S'o.…

1Opinion of the Court

MR. COMMISSIONER CALLAWAY

prepared the following opinion for the court:

Appeal from a judgment of nonsuit and from an order denying plaintiff’s motion for a new trial.

The plaintiff brought this action to recover damages for injuries sustained by him in defendant’s railway yards in. Great Ealls, caused, as he alleges, by defendant’s negligence in constructing and maintaining a switch stand so near its x’ailway track that plaintiff, in the performance of duty, was struck thereby as he attempted to mount a moving engine, and, falling thex’eundex’, was xnxn over, resulting in the loss of his left…

2Cases cited66 opinions

  1. Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
  2. Illinois Central Railroad v. WelchIllinois Supreme Court · 1869
  3. Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
  4. Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
  5. North Chicago Street Railroad v. DudgeonIllinois Supreme Court · 1900

61 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Autio v. MillerMontana Supreme Court · 1932
  2. Black v. MartinMontana Supreme Court · 1930
  3. Boyd v. Great Northern Railway Co.Montana Supreme Court · 1929
  4. Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906
  5. Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904

19 more not listed; retrieve them via the Exa API.

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