Minty v. Union Pacific Railway Co.
Idaho Supreme Court
APPEAL from District Court, Oneida County. The facts appear in the following statement by BEBBY, J.:. On the twelfth day of January, 1884, the plaintiff was in the employ of the defendant as traveling auditor, his duties extendw ing over the entire lines of the company west of Cheyenne, including the entire Utah and Northern road, and continued in such employment until August 17, 1886. On the seventh day of January, 1886, while on duty, and on a train, traveling from station…
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APPEAL from District Court, Oneida County. The facts appear in the following statement by BEBBY, J.:. On the twelfth day of January, 1884, the plaintiff was in the employ of the defendant as traveling auditor, his duties extendw ing over the entire lines of the company west of Cheyenne, including the entire Utah and Northern road, and continued in such employment until August 17, 1886. On the seventh day of January, 1886, while on duty, and on a train, traveling from station to station on the Utah and Northern road, and in the course of such employment as traveling auditor, the car in which…
1Opinion of the CourtBerry, J.
(After Stating the Facts.) — The specific wrong by the defendant of which the plaintiff complains, after a general statement relating to the track, is that “in particular [the defendant] did negligently and carelessly permit said rails to become so worn out and weak and insufficient, on the seventh day of January, 1886, at a point in Montana territory, near Monida station, that the rails there became broken, on the passage over them of the train in which the plaintiff was thai day riding”; that on that day “the defendant, well knowing the *475condition of its said track,” ran its ears npon it,…
2Cases cited5 opinions
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Noyes v. SmithSupreme Court of Vermont · 1855
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- T. & P. R'y Co. v. ScottTexas Supreme Court · 1885
- Louisville & Nashville R. R. v. BriceCourt of Appeals of Kentucky · 1886
3Cited by7 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ParkerIndiana Supreme Court · 1900
- Osage Coal & Mining Co. v. SperraSupreme Court of Oklahoma · 1914
- Goure v. StoreyIdaho Supreme Court · 1909
- National Biscuit Co. v. WilsonIndiana Supreme Court · 1907
- Zienke v. Northern Pacific Railway Co.Idaho Supreme Court · 1901
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