Copenhaver v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Nellie M. Copenhaver and another against the Northern Pacific Eailway Company. From a judgment for plaintiffs and an order denying a new trial, defendant appeals. The court erred in permitting plaintiff’s witnesses to testify that in their judgment the boiler in question “was not reasonably safe.”
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Nellie M. Copenhaver and another against the Northern Pacific Eailway Company. From a judgment for plaintiffs and an order denying a new trial, defendant appeals. The court erred in permitting plaintiff’s witnesses to testify that in their judgment the boiler in question “was not reasonably safe.” Even though a jury may be ignorant of fact, conditions and their result, or unable to appreciate their probative value as conceded facts, if they can be informed of these by evidence during the course of a trial so…
1Opinion of the CourtJustice Smith
On December 6, 1907, near the station of Mace, in the state of Idaho, locomotive engine No. 79 belonging to the defendant railway company exploded, so injuring the engineer, William Copenhaver, that he died some days later. His fireman, Buis, was also killed. This action is prosecuted by Copenhaver’s wife and minor son to recover damages sustained by his death. A jury fixed such damages at $12,000, and judgment was entered *462accordingly. From the judgment and an order denying a new trial, defendant has appealed.
The complaint charges that “the boiler and parts thereof were in a dangerous,…
2Cases cited8 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Transportation Line v. HopeSupreme Court of the United States · 1877
- Cummings v. Reins Copper Co.Montana Supreme Court · 1910
- Yergy v. Helena Light & Railway Co.Montana Supreme Court · 1909
- Chandler v. ThompsonU.S. Circuit Court for the District of Western North Carolina · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State v. PetersonMontana Supreme Court · 1958
- Moffett v. Bozeman Canning Co.Montana Supreme Court · 1933
- State v. CampbellMontana Supreme Court · 1965
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Hunsaker v. Bozeman Deaconess FoundationMontana Supreme Court · 1978
23 more not listed; retrieve them via the Exa API.