Doichinoff v. Chicago, M. & St. P. Ry. Co.
Montana Supreme Court
Appeal from District Court, Meagher Coimty; John A. Matthews, Judge. Action by Jordan Doichinoff, as administrator of the estate of Chris Koleff, deceased, against the Chicago, Milwaukee & St. Paul Railway Company and one of its locomotive engineers. Judgment for plaintiff. Defendants appeal from the judgment and an order denying them a new trial.
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Appeal from District Court, Meagher Coimty; John A. Matthews, Judge. Action by Jordan Doichinoff, as administrator of the estate of Chris Koleff, deceased, against the Chicago, Milwaukee & St. Paul Railway Company and one of its locomotive engineers. Judgment for plaintiff. Defendants appeal from the judgment and an order denying them a new trial. An employee working in and about the yards or upon the tracks has a right to rely to some extent upon the persons in charge of moving trains to give the proper signals and to take proper precautions to prevent accidents. (Neary v. Northern Pacific…
1Opinion of the CourtJustice Holloway
delivered the opinon of the cburt.
Chris Koleff, an employee of the Chicago, Milwaukee & St. Paul Railway Company, was run over and killed by a locomotive in the service of the railway company and operated by Leo Middleton, one of its engineers. This action by the administrator is prosecuted under the Federal Employers’ Liability Act of April 22, 1908 (35 Stats, at Large, 65), to recover damages for the use and benefit of the surviving widow and minor child.
The complaint proceeds upon the theory of the last clear chance doctrine. The charging part is as follows: “That they [the defendants]…
2Cases cited8 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- Stephens v. ConleyMontana Supreme Court · 1914
- Harley v. WilliamsMontana Supreme Court · 1915
- Tague v. John Caplice Co.Montana Supreme Court · 1903
- Gauss v. TrumpMontana Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lee Lim v. Davis, WardenUtah Supreme Court · 1929
- McIntyre v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
- Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
- Pollard v. Oregon Short Line R.R. Co.Montana Supreme Court · 1932
- State v. Lee LimUtah Supreme Court · 1932
5 more not listed; retrieve them via the Exa API.