Rand v. Butte Electric Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow Countyj Jeremiah JJ Lynch, Judge. Action by R. N. Rand against the Butte Electric Railway Company, and others. From a judgment for plaintiff and an ■order denying defendants’ motion for a new trial, they appeal.
Read the full summary
Appeal from District Court, Silver Bow Countyj Jeremiah JJ Lynch, Judge. Action by R. N. Rand against the Butte Electric Railway Company, and others. From a judgment for plaintiff and an ■order denying defendants’ motion for a new trial, they appeal. A person on whose premises a public officer is appointed for duty is not liable for the damage resulting from the acts of such public police officer acting within the scope of his duty, '.even in cases where the salary is paid by the person who owns the property. (See Hershey v. O’Neill, 36 Fed. 168; Wells v. Washington Market Go., 19 D. C. 385;…
1Opinion of the CourtChief Justice Brantly
Action for damages for personal injuries alleged to have been suffered by plaintiff by an assault upon him by defendants Wharton, McDonald, and Yivian, employees of defendants W. A. Clark and the Butte Electric Railway Company, hereinafter referred to as the company, while acting within the scope of their employment. The facts alleged in the complaint about which there is no dispute are the following: The company owns and operates a street railway in the city of Butte which extends about two miles from the city to a pleasure resort known as the “Columbia Gardens.” It also owns, controls and…
2Cases cited19 opinions
- Dickson v. WaldronIndiana Supreme Court · 1893
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891
- Paxton v. WoodwardMontana Supreme Court · 1904
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
14 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Lovelace v. AndersonCourt of Appeals of Maryland · 2001
- Stephens v. ConleyMontana Supreme Court · 1914
- Frederick v. HaleMontana Supreme Court · 1910
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Cummings v. Reins Copper Co.Montana Supreme Court · 1910
25 more not listed; retrieve them via the Exa API.